'Mocking rape survivor offensive and dangerous': Law Society vice-president's remarks on Wah!Banana actor's case draw outrage

The Law Society vice-president's online comments on the case of a local TikToker convicted of sexual assault have sparked backlash among members of the legal fraternity — and from Home Affairs and Law Minister K Shanmugam.

In a LinkedIn post on Sunday (March 23), Chia Boon Teck weighed in after Lev Panfilov was found guilty by a High Court judge last Friday (Mar 21) for raping, molesting and sexually assaulting a woman he met through Tinder on Jan 12, 2021.

The 28-year-old Singapore permanent resident originally from Russia, who is also a former actor of popular YouTube channel Wah!Banana, will be sentenced later.

Chia, the vice-president of the Law Society since August 2023, said that there are many questions that arose from the case.

"People who indulge in one-night stands may wanna take note to protect themselves from attack, or accusations of attack," he added in the post.

Chia listed 10 points from the report, while commenting on each of them.

On Panfilov's charges that he was found guilty of, he wrote: "Wow. Was she awake throughout the marathon?"

The woman was identified in the report as a then 30-year-old who had worked as an actress and model and was trying to branch out into comedy writing

During the trial, which began in May 2023, she testified that she had hoped to get some advice on scriptwriting from Panfilov.

They first met at a restaurant in Robertson Quay, and later Panfilov suggested continuing working at his place, which she agreed.

"So not exactly a babe in the woods," commented Chia on the case. "At that late hour on the bed of a Russian man she just met in Tinder?"

The lawyer also gave his take on how Panfilov raped the woman after she initially said "no" to his advances.

"How did 'no' progress to two counts of rape, one count of sexual assault by penetration and one count of outrage of modesty?" questioned Chia, adding that the whole incident sounds "rather like a date".

Responding to CNA's queries, Chia said that his LinkedIn post was meant to draw people's attention to their situational awareness to guard against being assaulted, and not to cast blame on any party.

In a Facebook post on Monday (March 24), Minister Shanmugam rebuked Chia's comments, saying that "shaming and blaming victims steps over the line".

While they are the lawyer's personal views, the minister said that he is concerned that "some people might think that they indicate the norms in Singapore".

"And I worry what impact his statement may have on other victims," he added.

"Lawyers, in particular those in senior positions representing the legal profession, need to be mindful that when we make statements which minimise or dismiss victims' concerns, that can have a disproportionate impact on other victims - who may then not be willing to report what happened to them."

Several lawyers also slammed his remarks and called for him to step down from his Law Society post.

Lawyer Stephanie Yuen Thio, who is the joint managing partner at TSMP Law Corporation, said on LinkedIn that Chia's "appalling" comments were more than just on the criminal case.

"This is an office bearer of the law society — the organisation that the community relies upon to see justice," she said.

"Is he implying that (the woman) brought this on herself or consented, or her jobs made her more likely to know she would be sending a message to the offender that she was up for it?"

Litigator Clarence Lun from Fervent Chambers said that Chia is not fit to be Law Society's vice-president even if he apologises. 

"I will tell him that in the face," he added. 

Chia mocking rape survivor is dangerous: Aware

Meanwhile, the Association of Women for Action and Research said that Chia "mocking a rape survivor is not just offensive, it is dangerous". 

Referring to the same points as what the lawyer made, the women's rights group said none of them were consent for sex. 

"The real harm here isn't the mocking tone of the commentary," they said. "It's the fact that even when a High Court judge finds a survivor 'unusually convincing' after 13 days of cross-examination, she will still be publicly doubted, dissected and discredited." 

The group added that it hears from survivors every day at its Sexual Assault Care Centre, with victims grappling with whether to report their ordeal.

Eventually, seven out of 10 victims choose not to with the most common reason is the "fear of disbelief", said Aware. 

"When those in senior legal positions echo these views, it perpetuates the victim-blaming mentality that we need to eradicate," it added. It affects whether survivors come forward to seek justice. '

"This isn't just bad for survivors. It's bad for public trust in the justice system." 

chingshijie@asiaone.com

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