Latest news with #Busan
The Independent
6 days ago
- The Independent
South Korean woman who bit off attacker's tongue during 1964 rape attempt may finally be cleared
A South Korean court is reconsidering the 61-year-old conviction of a woman for injuring a man while defending herself during a violent sexual assault. Prosecutors at the Busan District Court issued a formal apology to 78-year-old Choi Mal Ja on Wednesday, saying that they had failed her legally and morally. They urged the court to overturn her 1964 conviction for inflicting serious injury by biting off a part of her attacker's tongue as he allegedly tried to rape her. 'This was a justified defensive act. It was not excessive, nor was it unlawful,' Korea Times reported the prosecutors as saying. 'We sincerely apologise to Choi Mal Ja, a victim of a sex crime who should have been protected as one.' Choi, then a teenager, was assaulted by a 21-year-old man surnamed Noh who forced his tongue into her mouth after pinning her down in the southern town of Gimhae. In an effort to escape, she bit off about half an inch of his tongue. Rather than being recognised as a survivor, Choi was charged with aggravated bodily harm and sentenced to 10 months in prison, suspended for two years. Her claim of self-defence was dismissed. Her assailant was sentenced to just six months in prison, also suspended, for trespassing and threatening her with a weapon. He was never convicted of attempted rape. The original prosecution had argued that Choi's response to the attacker 'exceeded the reasonable bounds of legally permissible self-defence'. She was accused of causing permanent injury, though records showed that the attacker did not suffer a lasting disability. Prosecutors reportedly even tried to persuade her to marry him. Choi later revealed that the litigation caused significant financial strain on her family and that the assailant continued harassing them during the proceedings. She lived for decades with the stigma of a criminal record while he avoided public scrutiny. 'For 61 years, the state made me live as a criminal,' Choi said outside the court on Wednesday. 'If I have any hope or dream left, it is that future generations will live in a world free of sexual violence.' After South Korea's MeToo movement gained ground, Choi was inspired to demand a retrial in 2020. Her initial petition in 2020 was rejected, with the Busan court citing lack of "clear evidence" and arguing that social and cultural shifts alone did not justify overturning the ruling. She appealed to the Supreme Court, which, in December 2023, ordered the case to be reopened. In February this year, the Busan High Court upheld Choi's appeal, paving the way for a retrial. In court, Busan's chief prosecutor Jeong Myeong Won said: 'We have caused Choi Mal Ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony.' Choi's lawyer argued the 1964 order was a miscarriage of justice even by the standards of that time. 'This is not about evolving social values. This was a wrongful judgment from the start,' the counsel said. The final ruling is scheduled for 10 September. Legal observers expect the court to acquit Choi. She embraced campaigners and supporters from civic groups who had rallied behind her.
The Guardian
6 days ago
- The Guardian
Apology for South Korean woman convicted of biting off tongue of alleged attacker 61 years ago
A woman who bit off part of a man's tongue during an alleged sexual assault more than 60 years ago has received a formal apology from South Korean prosecutors, as they sought her acquittal during a retrial after decades of living as a convicted criminal. Choi Mal-ja, now 80, was 18 when she bit the tongue of a 21-year-old man who she said was attempting to rape her in Busan, South Korea's second-largest city. She was convicted of 'aggravated bodily injury' for biting off 1.5cm of his tongue in self-defence and sentenced to 10 months in prison, suspended for two years. Her alleged attacker received a lighter sentence for trespassing and intimidation after prosecutors dropped the attempted rape charges against him. Senior prosecutor Jeong Myeong-won personally attended the first and only day of Choi's retrial on Wednesday and addressed her by name rather than as 'defendant'. 'The prosecution failed in its role and went in the opposite direction,' he said. 'We caused immeasurable pain and suffering to Ms Choi Mal-ja, who should have been protected as a sexual violence victim. We deeply apologise.' In her final court statement, Choi said: 'I have lived 61 years as a criminal. My hope and dream now is that Korea will make laws so our descendants can live with their human rights protected in a world without sexual violence.' During proceedings, the prosecution asked the court to clear her of the past conviction. After the hearing, Choi emerged from Busan district court with her fist raised, shouting three times: 'We won!' Her case has became a symbol for many who accuse South Korea's justice system of historically failing sexual assault survivors. Choi first filed for retrial in 2020 after being inspired by a university class on gender studies as a mature student and was emboldened by the global #MeToo movement. She argued she had been illegally detained for six months without a proper warrant. Lower courts rejected her request for a retrial, saying the case reflected circumstances of the time. The supreme court overturned those rejections in December, allowing the retrial to proceed. The case received support throughout from the Korean Women's Hot-Line (KWHL), a women's rights group that supports victims of gender-based violence. While Choi has received an apology, the final verdict on the retrial itself in now expected until 10 September.
Yahoo
6 days ago
- Yahoo
Apology for S Korean woman convicted of biting man's tongue as he attacked her
Prosecutors in South Korea have apologised to a woman who was convicted for defending herself during a sexually violent attack more than 60 years ago. Choi Mal-ja was sentenced to 10 months in prison, suspended for two years, for biting off part of her attacker's tongue as he allegedly tried to rape her in 1964, when she was 18 years old. Inspired by the country's #MeToo movement, Ms Choi, now 78, has campaigned for years to have her conviction overturned. Her retrial began in the city of Busan on Wednesday, where prosecutors issued an apology and asked for the court to quash her guilty verdict. "For 61 years, the state made me live as a criminal," Ms Choi told reporters outside the court ahead of the hearing. She said she hoped future generations could live a happy life free from sexual violence. At the start of the trial, Busan's Chief Prosecutor Jeong Myeong-won said "we sincerely apologise". "We have caused Choi Mal-ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony." A final ruling is scheduled for 10 September, with legal observers expecting the court to overturn Ms Choi's conviction. Outside the courtroom after the hearing, Ms Choi raised her fist and said: "We won!" She celebrated by embracing campaigners from civic organisations who were there to support her. #MeToo takes hold in South Korea Why women in Korea are reclaiming their short hair In 1964, an 18-year-old Choi Mal-ja was attacked by a 21-year-old man, who forced his tongue into her mouth as he pinned her to the ground in the southern town of Gimhae, according to court records. Ms Choi escaped the attack by biting off 1.5cm (0.59in) of the aggressor's tongue. The man was sentenced to six months in prison, suspended for two years, for trespassing and intimidation. He was never convicted of attempted rape. Ms Choi was given a harsher sentence than her attacker for causing him grievous bodily harm. The court at the time said her actions had exceeded the "reasonable bounds" of self-defence. Ms Choi's case has since been cited in legal textbooks in South Korea as a classic example of a court failing to recognise self-defence during sexual violence. 'Justice is alive in this country' After taking inspiration from South Korea's #MeToo movement in the late 2010s, Ms Choi contacted advocacy groups to begin work on petitioning for a retrial. She filed a petition in 2020, 56 years after the attack, but it was initially rejected by the lower courts. Three years later, the Supreme Court ruled that Ms Choi's retrial could go ahead. Her fight for justice became well known in South Korea, with Ms Choi and fellow activists holding protests outside the Supreme Court building in Seoul. "I still can't believe it," Ms Choi said after Wednesday's hearing, the Korea JoongAng Daily newspaper reported. "But if the prosecution is admitting its mistake even now, then I believe justice is alive in this country."
BBC News
6 days ago
- BBC News
Apology for S Korean woman convicted of biting man's tongue as he attacked her
Prosecutors in South Korea have apologised to a woman who was convicted for defending herself during a sexually violent attack more than 60 years Mal-ja was sentenced to 10 months in prison, suspended for two years, for biting off part of her attacker's tongue as he allegedly tried to rape her in 1964, when she was 18 years by the country's #MeToo movement, Ms Choi, now 78, has campaigned for years to have her conviction retrial began in the city of Busan on Wednesday, where prosecutors issued an apology and asked for the court to quash her guilty verdict. "For 61 years, the state made me live as a criminal," Ms Choi told reporters outside the court ahead of the said she hoped future generations could live a happy life free from sexual the start of the trial, Busan's Chief Prosecutor Jeong Myeong-won said "we sincerely apologise"."We have caused Choi Mal-ja, a victim of a sex crime who should have been protected as one, indescribable pain and agony."A final ruling is scheduled for 10 September, with legal observers expecting the court to overturn Ms Choi's the courtroom after the hearing, Ms Choi raised her fist and said: "We won!"She celebrated by embracing campaigners from civic organisations who were there to support her. In 1964, an 18-year-old Choi Mal-ja was attacked by a 21-year-old man, who forced his tongue into her mouth as he pinned her to the ground in the southern town of Gimhae, according to court Choi escaped the attack by biting off 1.5cm (0.59in) of the aggressor's man was sentenced to six months in prison, suspended for two years, for trespassing and intimidation. He was never convicted of attempted Choi was given a harsher sentence than her attacker for causing him grievous bodily harm. The court at the time said her actions had exceeded the "reasonable bounds" of Choi's case has since been cited in legal textbooks in South Korea as a classic example of a court failing to recognise self-defence during sexual violence. 'Justice is alive in this country' After taking inspiration from South Korea's #MeToo movement in the late 2010s, Ms Choi contacted advocacy groups to begin work on petitioning for a filed a petition in 2020, 56 years after the attack, but it was initially rejected by the lower courts. Three years later, the Supreme Court ruled that Ms Choi's retrial could go fight for justice became well known in South Korea, with Ms Choi and fellow activists holding protests outside the Supreme Court building in Seoul."I still can't believe it," Ms Choi said after Wednesday's hearing, the Korea JoongAng Daily newspaper reported."But if the prosecution is admitting its mistake even now, then I believe justice is alive in this country."
CNA
7 days ago
- CNA
Retrial opens for South Korean woman who bit off attempted rapist's tongue
SEOUL: A South Korean court reopened a decades-old case on Wednesday (Jul 23) 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 1.5cm 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 Wednesday's 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".
