Korean Woman Wants Rape Case Retried After She Was Punished for Fighting Back too Excessively

Considering this happened 59 years ago the fact this woman was punished for fighting back to excessively and injuring this rapist is not surprising to me. This is because back in 2004 a 19-year old U.S. Soldier was raped by a Korean taxi driver and the man was let go because she did not fight back enough. Fortunately Korea seems to be taking rape more seriously and hopefully this woman can get some justice after all these decades:

Choi Mal-ja, 77, is awaiting the Supreme Court’s decision on her request for a retrial of her sexual assault case nearly 60 years ago. This photo, taken May 2, shows Choi partaking in a press conference in front of the Supreme Court in southern Seoul that day. Choi was assaulted by a man in her hometown of Gimhae, South Gyeongsang, in 1964. She bit off his tongue in what she said was an act of self-defense. The court issued a stronger sentence on her than on the man. [NEWS1]

Choi Mal-ja, 77, is still expressing rage at the courts nearly six decades after she was sexually assaulted by a stranger.    
   
On May 6, 1964, Choi was an 18-year-old walking down a street in Gimhae, South Gyeongsang, when a man surnamed Roh, three years older and a complete stranger to her, asked her for directions on the road.  
   
Choi, trying to show him the way, walked a little with him, then in an alleyway, Roh suddenly turned and pushed her to the ground.   

She tried to fight back but he threw her to the ground, at least three times, according to her testimony in court.    
   
The next thing Choi knew, she was on the ground on her back and Roh was on top of her. He pinched her nose so that she had to open her mouth and was trying to forcibly kiss her.  
   
Choi bit hard, though she later told the court that she didn’t even know she was biting off the man’s tongue, before running away from him. (………)

The police, without the power to indict, passed over Choi’s case to the prosecution, asking them to indict Roh on the charges. But the prosecution dropped the charge of attempted rape and indicted Roh for trespassing and intimidation with weapons.    
   
Choi told the court that all the actions she took were out of self-defense. Still, the court handed down a stronger sentence on Choi, giving her a suspended sentence of 10 months for inflicting a serious physical injury to Roh.  
   
In contrast, Roh received a suspended sentence of only six months for trespassing and intimidation with weapons.    
   
Choi’s case has regained traction in recent years after she requested a retiral of her case. Her case was dubbed on social media a “59-year-old Me Too case.”  
   
Experts have said that the prosecution’s decision to drop the attempted rape charge on Roh may have made a difference in the final rulings, significantly weakening Choi’s case against Roh.    
   
The court at the time had said that Choi’s actions of self-defense were “excessive.”  
   
“Even if her action was that of a young woman to protect herself from forced kissing, her act of self-defense went so far as to cut off the tongue of the perpetrator and inflicted a lifelong injury that bars him from speaking,” said the court in its ruling. “Such defensive action was deemed, both generally and objectively, excessive compared to what the laws allow.”  

Joong Ang Ilbo

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