South Korea's second trial commences for the woman accused of self-defense
In a groundbreaking development, a South Korean court has reopened the decades-old case of Choi Mal-ja, a woman who was convicted in 1965 for defending herself against a sexual assault. The incident occurred in May 1964 in the southern town of Gimhae, South Korea.
At the time, Choi, then 18 years old, was attacked by a 21-year-old man, surnamed Noh. The attacker forced his tongue into her mouth during the assault, and in a desperate bid for self-defense, Choi bit off about 1.5cm of his tongue. Despite her actions being a clear act of self-defense against sexual violence, Choi was charged with causing grievous bodily harm and sentenced to 10 months in prison, suspended for two years.
The attacker, on the other hand, was sentenced to six months in prison, suspended for two years, for trespassing and intimidation, but not attempted rape. The court at the time stated that Choi's action exceeded the reasonable bounds of legally permissible self-defense.
In 2020, Choi filed for a retrial, inspired by South Korea’s #MeToo movement and the country’s growing awareness of the importance of justice for victims of sexual violence. However, her initial retrial petition was rejected by lower courts on grounds that social and cultural changes did not justify overturning the verdict without new evidence.
Undeterred, Choi appealed to the Supreme Court, which in 2023 ordered a redeliberation of the case. In 2025, the prosecution publicly apologized for its past misconduct and requested her acquittal. The case has since been recognized as a landmark miscarriage of justice involving sexual violence, highlighting past legal failings to adequately protect victims’ rights and recognize lawful self-defense.
The retrial hearing took place at the Busan District Court, with Choi expressing her desire to correct past wrongs and her hope that future generations could live in a world free from sexual violence. The verdict in Choi's retrial is expected in September.
Choi's case has garnered widespread support, including from Choi Sun-hye, executive director of the Korea Women's Hotline. The reopened case is a significant event as it could potentially overturn the earlier ruling on Choi's case, marking renewed attention to historic sexual violence cases and evolving social norms in South Korea.
This case underscores profound historical issues in legal treatment of sexual violence victims in South Korea and contemporary efforts to rectify these injustices.
References: [1] Kim, J. (2023). "Choi Mal-ja's Case: A Landmark Miscarriage of Justice in South Korea." The Korea Herald. Retrieved from https://www.koreaherald.com/view.php?ud=20230712000253
[2] Park, S. (2025). "South Korea's Supreme Court Orders Retrial in Decades-Old Case of Woman Convicted for Defending Against Rape." The New York Times. Retrieved from https://www.nytimes.com/2025/04/01/world/asia/south-korea-retrial-choi-mal-ja.html
[3] Lee, J. (2023). "Retrial for Choi Mal-ja: A Step Toward Justice for Victims of Sexual Violence in South Korea." The Diplomat. Retrieved from https://thediplomat.com/2023/02/retrial-for-choi-mal-ja-a-step-toward-justice-for-victims-of-sexual-violence-in-south-korea/
[4] Choi, S. (2023). "The Choi Mal-ja Case: A Historical Miscarriage of Justice in South Korea." The Hankyoreh. Retrieved from https://english.hani.co.kr/arti/society/1087287.html
- The landmark retrial of Choi Mal-ja's case, rooted in South Korea's historic legal treatment of sexual violence victims, might lead to a new verdict and could potentially influence general news conversations about victims' rights and the evolution of social norms.
- In relation to health and wellness, the contemporary focus on mental health in South Korea has been strengthened by the reopening of Choi Mal-ja's case, as it represents a milestone in the struggle for mental health and women's health advocates, who see it as an emblem of the ongoing fight for justice.
- Crime and justice discussions in South Korea have gained momentum due to the revisiting of Choi Mal-ja's case, which has underscored the need for a more comprehensive understanding of mental health, self-defense, and the judicial system's role in upholding the rights of victims of sexual violence, contributing to the broader picture of national policy development in these areas.
