"Biting the Tongue of Attempted Rapist Was Self-Defense" Acquittal in Retrial After 61 Years

Choi Malja, who was convicted of serious injury for biting the tongue of a man attempting sexual assault, received a bouquet after the retrial verdict hearing held at the Busan District Court on the 10th. Choi was acquitted in the retrial held after 61 years. Photo by Yonhap News

Choi Malja, 78, who was convicted of serious injury for biting the tongue of a man who attempted to sexually assault her, was acquitted in a retrial held after 61 years.

The Criminal Division 5 of the Busan District Court, presided over by Chief Judge Kim Hyunsun, acquitted Choi of the serious injury and other charges on the afternoon of the 10th. Judge Kim stated, "There is insufficient evidence to recognize serious injury," and ruled, "The defendant's actions are recognized as legitimate self-defense."

On May 6, 1964, when she was 18 years old, Choi was sentenced by the Busan District Court to 10 months in prison, suspended for two years, for biting off approximately 1.5 centimeters of the tongue of Noh Mo, then 21, who attempted to sexually assault her. Although Choi argued that her actions were legitimate self-defense in resisting sexual assault, the court at the time did not accept her claim.

At that time, only charges of special residential intrusion and special intimidation, excluding attempted rape, were applied to Noh, resulting in a lighter sentence of six months in prison, suspended for two years, compared to Choi.

Choi Malja, who was convicted of serious injury for biting the tongue of a man attempting sexual assault, received a bouquet after the retrial verdict hearing held at the Busan District Court on the 10th. Choi was acquitted in the retrial held after 61 years. Photo by Yonhap News

In May 2020, 56 years after the incident, Choi courageously filed for a retrial. However, both the Busan District Court and the Busan High Court dismissed her request, stating there was no evidence to support her claim that the prosecutor had illegally detained her and coerced a confession during the investigation. The Supreme Court, however, after more than three years of review, found there was sufficient circumstantial evidence to support Choi's claim. The court also determined that a factual investigation was necessary into the original verdict, newspaper articles from the time, the inmate registry, the criminal casebook, and the execution register, and remanded the case for retrial.

As a result, in February of this year, the Busan High Court accepted Choi's appeal against the decision to dismiss her retrial on the serious injury charge. At the retrial sentencing hearing on July 23, the Busan District Prosecutors' Office stated, "The prosecution has concluded that the defendant’s actions were legitimate acts of a sexual violence victim and therefore not unlawful," and requested an acquittal. The prosecution added, "The role of the prosecution is to protect crime victims not only from the crime itself but also from social prejudice and secondary harm. In this case, the prosecution failed to fulfill that role and, in fact, acted in the opposite manner."

The prosecution addressed Choi as "Ms. Choi Malja," not as "the defendant," and apologized, saying, "We have caused unimaginable pain and suffering to Ms. Choi Malja, who should have been rightfully protected as a victim of sexual violence."