Concerns of sexual assault victims should not be minimised or dismissed: Shanmugam

The vice-president of the Law Society of Singapore has come in for strong criticism over comments he made about a rape survivor, with Law Minister K. Shanmugam saying the views may misrepresent the norms in Singapore. 

Mr Shanmugam said he was surprised to read Mr Chia Boon Teck’s comments, which Mr Chia had posted on his LinkedIn page on March 22 about a High Court case involving Lev Panfilov, who had been convicted of raping a woman he met on dating app Tinder.

Among other things, Mr Chia said in the post, which has since been deleted, that “Tinder ain’t no LinkedIn”, in reference to how the victim and perpetrator first met.

In the same post, he described the victim, who is 30 years old, as “not exactly a babe in the woods” and commented, “Wow. Was she awake during this marathon?”, in reference to the sexual assault she was subjected to.

Mr Shanmugam, who is also Home Affairs Minister, said in a Facebook post on March 24 that based on the comments, Mr Chia was suggesting that the female victim should not be believed.

He added that he is worried about the impact the comments may have on other victims.

“Philosophically, I take a quite different view from those expressed by Mr Chia.

“And that has been expressed in changes that we have directed, both to the laws we have in Singapore, and the way police conduct their investigations,” said Mr Shanmugam, who listed out the changes that Singapore has made to better protect victims of sexual assault and harassment.

They include the 2012 repeal of a provision in the Evidence Act that allowed defence lawyers to question an alleged victim of rape, to try and show that she was of generally immoral character.

The provision, which had existed since 1872, meant that counsel could cross-examine a woman on her sexual past to show that she was a “loose woman” and should therefore not be believed.

Mr Shanmugam also referred to the abolishment in 2020 of the marital immunity for rape in the Penal Code, and the increase in penalties for sexual offences, including outrage of modesty.

He added: “We have been moving quite in the opposite direction from the personal views Mr Chia has expressed, no matter what institutional position he holds.

“I hope that we will continue to be a society that provides a proper framework to protect women in sexual assault cases. Too often, victims remain silent.

“We need to help them come forward and report.”

In his post, Mr Shanmugam also spoke out against typecasting women, saying they are often victims of sexual assault.

“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.”

Panfilov, a TikToker and former scriptwriter-actor with a local YouTube comedy channel, was convicted on March 21 of two counts of rape, one count of sexual assault by penetration, and one count of outrage of modesty.

Mr Chia’s comments, in which he highlighted 10 points about the case, resulted in a firestorm of replies, with calls from the legal fraternity for him to step down as Law Society vice-president.

Mr Edward Tay, a partner at Continental Law, said he had expected Mr Chia, co-managing director at Chia Wong Chambers, to be more careful with his comments, especially as Panfilov had been tried and convicted in the High Court.

“Such comments have a tendency to result in distrust of the judicial process and should be avoided by lawyers as officers of court. It is also repugnant to cast aspersions on the victim of such a heinous crime,” said Mr Tay.

He said that as a husband, and a father to a daughter, he felt particularly indignant when he saw Mr Chia’s comments.

“This (Mr Chia’s comments) has been quite widely discussed among the legal fraternity, and I’d say all the lawyers I have come across have expressed varying degrees of disapproval.

“I have utmost trust in the maturity of the other members of the Law Society Council and will await its decision as to the steps which need to be taken,” he added.

Ms Stefanie Yuen-Thio, joint managing partner at TSMP Law Corporation, said Mr Chia should step down from the Law Society of Singapore.

In comments that she posted on LinkedIn on March 22, she said she was appalled at the attitude shown by someone who holds the office of a leader of the Bar.

“I invite him to explain himself to the legal fraternity – both men and women. Absent an acceptable explanation, he should step down from the Council of the Law Society,” Ms Yuen-Thio said.

She told The Straits Times that the issue is not just about women’s rights.

“(Mr Chia’s) victim shaming, which runs directly against what Chief Justice (Sundaresh) Menon has said is how we should treat victims of sexual crime, is abysmal behaviour from a member of the Bar, let alone an office-holder.

“The Law Society needs to take a strong stance against this, or their silence will be seen as acquiescence,” said Ms Yuen-Thio.

The Law Society of Singapore said it is reviewing the matter, adding that it expects all members to adhere to the highest standards of professionalism.

“Mr Chia’s comments were not made on behalf of, and do not represent the views of, the Law Society.

“We are giving this matter serious consideration in line with our internal protocols and, in accordance with due process, will take further steps as appropriate,” it said, adding that it will not hesitate to take appropriate measures to uphold accountability and ensure that such occurrences are addressed with the seriousness they warrant.

Mr Chia, who deleted the post shortly after The Straits Times contacted him at around 9.15pm on March 23, told ST that his post was to draw people’s attention to their situational awareness, to guard against being assaulted or being accused of assault.

“I have always been providing commentary for crime cases and providing insights on how to prevent such situations, as legal recourse may not always be sufficient,” said Mr Chia, who added that he was sharing his view as a criminal lawyer.

“My comments were meant to encourage reflection on how individuals can better protect themselves in social situations.

“This is not about shifting responsibility but about understanding real-world risks.”

Mr Shashi Nathan, a partner at Withersworldwide, said Mr Chia had “gone too far” with his comments, especially regarding a case that is tried and over.

“I’ve seen his response saying that he is doing this in his capacity as a criminal lawyer.

“I’m sorry, but his comments do not in any way represent the views or the sentiment of the Criminal Bar in Singapore,” said Mr Nathan, adding that he was disappointed with Mr Chia’s comments.

Ms Sugidha Nithiananthan, director of advocacy and research at gender advocacy group Aware, said the law has made great strides in dealing with such cases, with both the Chief Justice and Justice Vincent Hoong, judicial commissioner of the Supreme Court, having highlighted the importance of not perpetuating rape myths or victim blaming.

“It is therefore shocking that a senior lawyer and vice-president of the Law Society would make statements so obviously perpetuating the most basic rape myths to imply that the survivor consented to intercourse and was not raped,” said Ms Sugidha.

The case

The case involves Lev Panfilov, a Singapore permanent resident who is originally from Russia, who met the victim in person at a Robertson Quay restaurant on Jan 12, 2021, after being matched on Tinder.

The woman wanted advice from him as he had stated in his profile that he was a scriptwriter.

The victim, who previously worked as an actress and model, was trying to branch out into comedy writing.

They initially worked on her script at the restaurant, but later moved to his apartment as the restaurant was closing. Panfilov shared the flat with a number of flatmates.

The assault took place in Panfilov’s bedroom.

While chatting on his bed, the perpetrator suddenly leaned in to kiss the victim on the lips. She told him “no” and gathered her things to leave.

He then sexually assaulted and raped her.

She saw a doctor on Jan 16, 2021, and later made a police report after visiting KK Women’s and Children’s Hospital.

High Court Judge Pang Khang Chau found the woman to be an unusually convincing witness who gave a detailed and textured account that was internally and externally consistent.

He found that Panfilov was not a credible witness and that his testimony did not help in casting reasonable doubts on the prosecution’s case.

The judge said there were significant inconsistencies between what Panfilov said to police officers, what he said in his video-recorded interviews, and what he said in court.

This was a sign of Panfilov’s attempt to distance himself from the events of that evening, the judge said.

The 28-year-old will be sentenced at a later date.

Source: The Straits Times © SPH Media Limited. Permission required for reproduction.

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