Found guilty for biting off attempted-rapist's tongue 6 decades ago, Choi Mal-ja gets overdue apology
Published: 23 Jul. 2025, 17:39
![Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, hugs a civic organization member in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]](https://koreaseafood.online/data/photo/2025/07/23/36761b6f-3629-43c3-b871-ee0fcff24e20.jpg)
Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, hugs a civic organization member in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]
In 1964, 18-year-old Choi Mal-ja tried to defend herself from a sex offender by biting his tongue when he kissed her. A year later, she was found guilty of the "severe injury" she inflicted on the man. Sixty years passed and the prosecutors made a public apology for failing to protect her as the survivor she rightly is.
“We have caused Choi Mal-ja, a victim of sex crime who should have been protected as one, indescribable pain and agony," Jeong Myeong-won, chief prosecutor of the Busan District Prosecutors’ Office trial division, told Choi in Courtroom 352 of the Busan District Court at 11 a.m. on Wednesday.
"We sincerely apologize," Jeong said, bowing his head toward Choi.
The unusual courtroom scene marked the first hearing of a retrial in the case of 78-year-old Choi Mal-ja, who was convicted decades ago. Prosecutors, in a rare move, asked that the court acquit Choi even before the trial began.
Sixty years guilty
The incident occurred on May 6, 1964, in what was then Gimhae County, South Gyeongsang.
Choi, who was 18 years old at the time, bit off 1.5 centimeters (0.6 inches) of the tongue of a 21-year-old man surnamed Noh who was attempting to rape her. Despite the defensive nature of her actions, Choi was charged with inflicting grievous bodily injury.
![Choi Mal-ja, who was found guilty of injuring a man who tried to rape her in 1964, speaks in a rally held in front of the Supreme Court in southern Seoul on May 2, 2023. [NEWS1]](https://koreaseafood.online/data/photo/2025/07/23/983b1cf4-791f-4e72-b059-a4f7595abe87.jpg)
Choi Mal-ja, who was found guilty of injuring a man who tried to rape her in 1964, speaks in a rally held in front of the Supreme Court in southern Seoul on May 2, 2023. [NEWS1]
The victim of the attempted rape became the accused. During the investigation, Choi was reportedly told by authorities to “just marry him.” Prosecutors rejected her claims of self-defense and detained her without a warrant.
The court at the time focused on the "victim" Noh’s condition, concluding that the injury rendered him “mute for life” and that Choi’s actions “exceeded the boundaries of justifiable self-defense.” In January 1965, Choi was sentenced to 10 months in prison, suspended for two years.
She did not appeal — she said she did not know how.
In contrast, Noh faced far lighter charges. Prosecutors did not indict him for attempted rape, instead charging him with breaking and entering and intimidation. He received a six-month suspended sentence. Choi’s case has since been cited in law textbooks as a classic example of a failure to recognize self-defense, and was once referred to in legal history texts as the “tongue-biting during forced kiss case.”
![Choi Mal-ja, who was found guilty of injuring a man who tried to rape her in 1964, holds a protest in front to the Supreme Court in southern Seoul on May 31, 2023. [YONHAP]](https://koreaseafood.online/data/photo/2025/07/23/c770123c-d3b2-47e1-90ef-450b6b7266a6.jpg)
Choi Mal-ja, who was found guilty of injuring a man who tried to rape her in 1964, holds a protest in front to the Supreme Court in southern Seoul on May 31, 2023. [YONHAP]
Inspired by the MeToo movement
The trauma Choi suffered — both from the attempted rape and from the conviction for resisting it — remained with her for life. But after enrolling in a cultural liberal arts program at Korea National Open University in 2013 and graduating in 2019, she began to reevaluate her past. Learning about concepts like gender-based violence and witnessing the rise of the MeToo movement encouraged her to challenge the injustice.
Choi reached out to advocacy groups, including the Korea Women’s Hotline. With their help, she spent over two years collecting evidence. In May 2020, she filed a petition for a retrial — 56 years after the incident.
The path was difficult. Lower courts rejected her petition, citing a lack of evidence proving illegal detention or coerced confession, and no new evidence to support claims of justifiable self-defense.
![Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, holds up her fist in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]](https://koreaseafood.online/data/photo/2025/07/23/4cce7b7f-5dbc-4d7f-8024-97df528ae785.jpg)
Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, holds up her fist in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]
But in December 2023, the Supreme Court overturned those decisions. The court found substantial reason to believe Choi had been detained and interrogated without a warrant between early July and September 1, 1964, when the warrant was finally issued and executed. The justices called for fact-finding into old court rulings, newspaper reports, prison logs and case records.
Rare reversal and hopes for legal reform
After hearing the prosecution apologize and request an acquittal, Choi exited the courtroom saying, “We won!” three times — smiling broadly as tears welled in her eyes.
“I still can’t believe it,” she said. “But if the prosecution is admitting its mistake even now, then I believe justice is alive in this country.”
“It’s thanks to the Korea Women’s Hotline, the lawyers who helped me and the support of the Korean people that I’m here today. It’s all thanks to the people of Korea," Choi said.
![Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, holds hands with civic organizations in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]](https://koreaseafood.online/data/photo/2025/07/23/09342ec9-1389-40bd-a299-ddb3503fdc96.jpg)
Seventy-eight-year-old Choi Mal-ja, who was found guilty of injuring a man who tried to rape her 61 years ago, holds hands with civic organizations in joy as she exits a courtroom at the Busan District Court on July 23 after prosecutors made a public apology toward Choi on the same day. [YONHAP]
The final ruling is scheduled for Sept. 10. Legal observers expect the court to accept the prosecution’s request for acquittal.
“This is an extremely rare case where prosecutors, who once sought punishment, are now seeking acquittal and issuing an apology,” said Lee Won-ha, a lawyer at Lawfirm Partone.
“It also represents a moment of institutional reflection — especially on how narrowly our justice system used to interpret self-defense in sexual violence cases,” he said. “This could serve as a turning point in securing substantive protection of victims’ right to defend themselves.”
Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM MIN-JU, AN DAE-HUN, WE SUNG-WOOK [[email protected]]
with the Korea JoongAng Daily
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