Busan: A court has ordered a retrial of a 78-year-old woman who was convicted 60 years ago for biting off the tongue of her attempted rapist, according to court officials Thursday, in a case that is recorded as one of the most controversial rulings that failed to protect a victim of sexual violence.
According to Yonhap News Agency, the Busan High Court has recently approved the filing for an appeal by the victim Choi Mal-ja into a lower court’s ruling that dismissed the retrial of her conviction. In 1964, then 18-year-old Choi bit off 1.5 centimeters of her attacker’s tongue while fighting the 21-year-old man who tried to rape her near her home. She was sentenced to six months in prison, suspended for two years, for committing grievous bodily harm.
Choi claimed her acts consisted of self-defense, but the courts at the time dismissed her claims. The perpetrator was only charged with trespassing and blackmail and sentenced to six months in prison, suspended for two years.
Choi filed for an appeal in 2020, but the local district and appellate courts dismissed her appeal, saying there was no evidence to support her claim that the prosecution had illegally detained and forced her to confess to the crime. However, the Supreme Court overturned the ruling and sent the case back to the lower court for a retrial in December.
The high court said the defendant’s testimony was “specific and consistent,” and there were no “unnatural or far-fetched” motives in filing for the retrial. “It’s highly probable that the arrests and detainment took place without a warrant while not abiding by relevant law,” the court said.