A South Korean court has reopened a decades-old case after the country’s #MeToo movement inspired a woman to challenge her conviction for defending herself against sexual violence 61 years ago.
Choi Mal-ja was 19 when she was attacked by a 21-year-old man in the southern town of Gimhae in 1964.
He pinned her to the ground and forced his tongue into her mouth, court records showed. Choi managed to break free by biting off about 1.5 centimetres of his tongue.
In one of South Korea’s most contentious rulings on sexual violence, the aggressor received only six months in prison, suspended for two years, for trespassing and intimidation – but not attempted rape.
But Choi was convicted of causing grievous bodily harm and handed a 10-month prison sentence, suspended for two years.
The court said at the time her action had “exceeded the reasonable bounds of legally permissible self-defence”.
Choi’s case gained renewed momentum decades later after #MeToo movement, which took off globally in 2017 and inspired her to seek justice.
In South Korea, massive women’s rights protests led to victories on issues ranging from abortion access to tougher penalties for spycam crimes.
Choi filed for a retrial in 2020, but lower courts initially rejected her petition.
After years of campaigning and an appeal, South Korea’s top court finally ordered a retrial in 2024.
“For 61 years, the state made me live as a criminal,” Choi told reporters outside the Busan District Court ahead of her retrial hearing.
She said she hoped future generations could “live in a world free from sexual violence where they can enjoy human rights and a happy life”.
Choi Sun-hye, executive director of the Korea Women’s Hotline counselling centre, which supported her case, said her decision was also meant to “become a source of strength for other victims of sexual violence and correct past wrongs”.
At the retrial hearing, the prosecution asked the court to clear her of the past conviction, the Busan District Court said.
The verdict is expected in September this year.
