Choi Mal-ja, in her late seventies today, is intent on erasing her 1964 conviction. The fallout from this one encounter with racism has followed her for almost sixty years. As a seventeen-year-old, she combatively resisted when a man in Gimhae, South Gyeongsang province, approached her to ask for directions. Unfortunately, that originally generous act of kindness quickly morphed into a potential death sentence as the man tried to sexually assault her. In the process, Choi’s act of self-defense put him in danger of disfigurement—he bit off part of his abuser’s tongue. At just 18 years old, she would become embroiled in this titanic legal struggle. This brawl would end up branding her the winner of most grievous bodily harm.
In 1965, Choi received a 10-month prison sentence followed by two years of probation after the legal system deemed her actions excessive. By comparison, the individual who raped her was sentenced to just six months in prison. Furthermore, he will be on probation for a year after his release for his crimes. Her case has since become a powerful symbol of the harsh realities women have to endure in South Korea’s patriarchal society. It ignites an important and necessary conversation about the plight sexual violence victims face.
In 2020, with the help of the Korea Women’s Hot-Line, the organization defending women in Choi’s situation, Choi tried to get a retrial—but her efforts were unsuccessful. The court further asserted that such a ruling in the original case was “inevitable” given the “circumstances of the time.” Since the Busan District Court rejected her case in 2021, she appealed to the Supreme Court. In December 2022, the Supreme Court unanimously ruled in her favor. That’s why the Supreme Court’s ruling on the case was so decisive. The case now returns to Busan, where compelling new evidence will be presented in the coming months. This case will hopefully do more than change the scope of self-defense, but bolster protections for future survivors.
Historical Context and Legal Proceedings
Choi Mal-ja’s nightmare started in 1964, when she was stopped by a man on the street looking for directions. This gradual and almost benign interaction suddenly turned violent when he tried to rape her. Living at home with her family during this challenging time, Choi’s life had already greatly transformed after the series of crisis following that fateful day. She had only simply defended herself, but the legal consequences were serious.
The legal story behind her case illustrates a really dark side of South Korean history when it comes to women’s rights. As a result, in 1965 Choi served a ten-month prison sentence. The man who physically attacked her walked free after just six months for what amounted to trespassing and threatening behavior. Such disparity further underscores a systemic bias that has historically affected cases of gender-based violence.
Just as societal norms changed through the decades, so has the standard for self-defense. In fact, Choi’s case is widely cited in the Criminal Procedure Act textbook as an illustration of excessive force in self-defense. This typology is meant to underscore the dramatic change in attitudes toward victimization. It sums up the shifting conceptions of self-defense as a reaction to sexual violence.
A Long Journey Towards Justice
In recent years, Choi Mal-ja has fought tirelessly to rectify what she perceives as an injustice inflicted upon her by a patriarchal legal system. Her first retrial request, in 2020, was rejected. Undeterred, she continued on, wanting to exonerate herself and fight for the other victims of sexual assault.
“The social atmosphere of the time probably had the prosecutors siding with the man, and I believe the concept of sexual violence likely didn’t exist,” said Wang Mi-yang, illustrating the pervasive gender bias that influenced legal outcomes for women like Choi. Activists and legal experts alike have rallied around Choi’s case, understanding its potential to serve as a case to catalyze critical legal reforms.
Choi’s struggle represents the mindset that has penetrated much of South Korean society. As Chung Chin-sung described, the prevailing mindset was that women were like the bricks that made up the ground upon which men stood. They weren’t viewed as worthy of love. This historical background highlights how normative views of gender roles have shaped not only the judicial response but how we support victims of rape.
Implications for Victims of Sexual Violence
Choi Mal-ja’s case has become a focal point for discussions regarding women’s rights and self-defense laws in South Korea. Her fight for justice is unyielding, and the world is beginning to pay attention. Her fight represents what is still an urgent need for deep, systemic change. Most advocates agree that reimagining self-defense and strengthening legal protections for victims are essential first steps in addressing pervasive disparities.
Choi concluded firmly, “I know that we can prevent women from enduring sexual abuse and work together to build a world free of sexual violence. That change cannot occur until the court explicitly reshapes the meaning of victim and perpetrator. She is a champion for a legal framework that acknowledges and aids victims. Rather than penalizing them for their instinct to survive, she feels they should be given agency.
Their recent ruling in United States v. Rahimi opens the door for dramatic changes in how states can legally define self-defense. If Choi’s work is successful, it will result in better protections for victims who kill in self-defense while being attacked.
