The case of Choi Mal-ja, a 78-year-old South Korean woman, has resurfaced after decades, shedding light on a long history of judicial injustice and gender discrimination.
In 1965, Choi was given a suspended jail sentence for biting off part of the tongue of a man who attempted to rape her. Now, after years of legal struggle, her case is finally being re-examined, marking a turning point in South Korea’s evolving stance on women’s rights and justice for sexual assault survivors.
A Tragic Incident and a Controversial Verdict
The events that led to Choi Mal-ja’s conviction date back to May 6, 1964, when she was an 18-year-old living in Busan. That day, she was attacked near her home by a 21-year-old man, surnamed Noh, who attempted to rape her. In a desperate act of self-defense, Choi bit off 1.5 cm of Noh’s tongue, bringing the assault to an end.
Despite being the victim, Choi was found guilty of aggravated bodily injury. The Busan District Court sentenced her to 10 months in prison, suspended for two years. Shockingly, her attacker received an even lighter sentence—six months in prison, also suspended for two years. Instead of receiving justice, Choi was treated as a criminal.
During her trial, the prosecution pressured Choi to marry her attacker, a practice that was disturbingly common in South Korea at the time. In a 2020 interview with The Korea Herald, she recalled being told that refusing marriage would mean spending her life in jail.
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Her father, hoping to resolve the situation, exhausted the family’s savings in a settlement with Noh. However, the harassment did not stop. Noh continued to torment her family, even breaking into their house and threatening her and her sister with a knife.
The Long Struggle for Justice
Choi’s journey toward justice has been long and painful. For decades, she lived with the stigma of her conviction. It wasn’t until the 2000s, when she pursued higher education, that she fully realized the injustice she had endured. Motivated by her newfound awareness and the growing global #MeToo movement, she decided to seek a retrial with the support of a women’s rights organization.
However, her initial attempts were unsuccessful. In 2020, she requested a retrial from the same court that had convicted her in the 1960s, but her plea was rejected due to insufficient evidence proving her innocence. She then took her case to the Busan High Court, which also upheld the refusal.
Determined to clear her name, Choi escalated her appeal to the Supreme Court. The country’s highest court ordered the Busan High Court to re-examine the case, acknowledging potential illegalities in her initial detention and trial process.
The Supreme Court found that Choi might have been unlawfully arrested and detained without a warrant, a direct violation of South Korea’s Criminal Procedure Act.
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On February 8, 2025, the Busan High Court finally accepted her appeal, marking the first step toward a long-overdue re-evaluation of her case. The court acknowledged that her testimony was specific and consistent, further strengthening her claim of self-defense.
A Reflection of South Korea’s Changing Attitudes Toward Women’s Rights
Choi’s case highlights not only her personal fight for justice but also the broader transformation of women’s rights in South Korea over the past six decades. In the 1960s and 1970s, the legal system often failed to protect victims of sexual violence. Courts frequently pressured women into marrying their attackers, and sexual violence cases were often dismissed or downplayed.
Since then, South Korea has made significant progress in gender equality and legal protection for sexual violence survivors. In 1994, the government enacted the Sexual Violence Prevention and Victims Protection Act, marking a crucial step in recognizing and addressing sexual crimes. The establishment of the Ministry of Gender Equality and Family in 2010 further solidified efforts to protect women’s rights.
Choi’s case is a stark reminder of past injustices, but it also signifies progress. The fact that her case is being reconsidered after 60 years reflects a society more willing to confront its past and advocate for the rights of women. Her courage in fighting for a retrial serves as an inspiration for other survivors of sexual violence, encouraging them to seek justice even when the odds are against them.
As South Korea continues to evolve in its approach to gender equality, Choi’s retrial represents a crucial moment in the nation’s history. It not only re-examines an individual case of injustice but also challenges the legal and social structures that have long discriminated against women.
Regardless of the final verdict, Choi’s persistence has already contributed to a larger movement advocating for fairness, dignity, and the protection of women’s rights.
let’s enjoy few years on earth with peace and happiness….✍🏼🙏