Choi Mal-ja, who was convicted in 1964 for biting off the tongue of an attempted rapist, calls for a retrial of the case that found her guilty, in front of the Supreme Court in Seoul, May 31, 2023. Yonhap

Choi Mal-ja, 78, who was sentenced to prison for biting off the tongue of a man who attempted to rape her 61 years ago, will be retried, according to court officials on Thursday. This case is one of the country's most controversial rulings, highlighting the failure to protect a victim of sexual violence.

The Busan High Court approved Choi's appeal that challenged a lower court decision that had rejected her request for a retrial of her conviction.

On May 6, 1964, Choi, who was just 18 years old at the time, defended herself against a 21-year-old attacker's attempted rape by biting off 1.5 centimeters of his tongue.

The police discovered that Choi had been a victim of sexual violence and, recognizing her innocence, referred her to the prosecution.

However, the court sentenced Choi to 10 months in prison, suspended for two years, for "intentionally cutting off the tongue of an innocent man," despite Choi's assertion that her actions were an act of self-defense.

At the time, the perpetrator only received six months in prison.

In 2020, 56 years after the incident, Choi filed for a retrial, spurred by the global spread of the Me Too movement.

Choi Mal-ja, second from right, speaks during a press conference in front of the Supreme Court in Seoul, May 2, 2023, while urging the court to retry her case. Yonhap

While attending a class called "Sex, Love, and Society" at the Korea Communications University, where she enrolled in her 60s, Choi recalled her past and, in 2018, reached out to the Korea Women's Hotline for help.

In December, the Supreme Court overturned the decision to dismiss Choi's request for a retrial and sent the case back to the Busan High Court.

However, both the local and appellate courts rejected her appeal, saying that there was no evidence to prove that the prosecutor had illegally detained her and coerced her to provide testimony during the investigation.

Choi lodged another appeal with the Supreme Court in 2021, expressing her inability to accept the decision to uphold the local district and appellate court ruling that there were "no errors in the original judgment."

After more than three years of hearings, the Supreme Court overturned the ruling and returned the case to the lower court for a retrial.

"Choi should be guaranteed the opportunity to be retried," the high court said. “It is highly probable that the arrests and detainment took place without warrant without abiding by relevant law.”

Korea faces a complex and evolving situation regarding sexual assault and women's right to self-defense. While the country has made strides in recent years, significant challenges remain.

Korea has strengthened its laws regarding sexual crimes, particularly in cases involving digital sex crimes like “molka” (hidden camera pornography) and “Nth room” (online sexual exploitation), establishing legal assistance for victims. However, experts say the legal framework surrounding self-defense can be complex.