Woman’s biting off of man’s tongue deemed self-defense

Posted on : 2012-10-24 16:20 KST Modified on : 2019-10-19 20:29 KST
Prosecutors argue that criminalizing self-defense against sexual assault could result in greater danger

By Park Kyung-man, north Gyeonggi correspondent
Prosecutors dismissed charges against a woman who bit off part of a man’s tongue while resisting sexual assault was acting in legitimate self-defense.
The 4th criminal division of the Uijeongbu District Prosecutor’s Office said on Oct. 23 that a citizens’ committee on prosecution (similar to a grand jury) voted not to press charges against a 23-year-old woman booked for grievous bodily harm after biting off one-third of a man’s tongue when he forcibly attempted to kiss her.
According to the prosecutors’ announcement, the woman, identified by the initial “K,” accepted the proposal of a 54-year-old taxi driver, identified by the surname Lee, to drink with him at around 1 a.m. on June 11. At around 6 a.m., the two went to Lee’s home in Uijeongbu, Gyeonggi province, to continue drinking. Sensing that she was in danger of sexual assault, G waited until Lee was out of the room and locked the door. Lee proceeded to break the door down and attempt to kiss K by force. K inflicted the injury in the process of resisting Lee’s advances.
On Sept. 3, police delivered both parties to prosecutors, Lee for attempted rape and K for grievous bodily harm. But on Sept. 28, the citizens’ committee concluded that K’s injury constituted legitimate self-defense.
“It is impossible to conclude that [K’s] biting of [Lee’s] tongue was an excessive response to the victim’s threat, and refusing to allow active self-defense in situations where there is the threat of sexual assault could result in a greater danger,” the committee said.
Prosecutors booked Lee without detention for aggravated rape and provided psychological therapy and an emergency pager (location tracking device) to K, who exhibited symptoms of depression after the incident.
 
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