Former Wah!Banana actor who raped woman he met on Tinder gets more than 11 years' jail, caning

SINGAPORE: Former Wah!Banana actor Lev Panfilov was on Monday (May 19) sentenced to 11 years and six months in jail, as well as 12 strokes of the cane, for raping, sexually assaulting and molesting a woman he met on dating app Tinder.

The Singapore permanent resident, who used to act for the comedy channel, was previously convicted by a High Court judge after he claimed trial to all four charges against him – two of rape, one of sexual assault by penetration and one of molest. 

The victim cannot be named due to a gag order protecting her identity. 

Panfilov intends to appeal his conviction and sentence, his lawyers said. The 29-year-old asked for 15 minutes to speak to his mother and partner, who were in the public gallery, after the hearing on Monday concluded. 

When he found Panfilov guilty in March, Justice Pang Khang Chau had said that the victim had been an "unusually convincing" witness, while Panfilov was not a credible witness. 

Justice Pang found irregularities in his evidence to be "symptomatic of his attempt to distance himself from events", albeit unsuccessfully.

During his sentencing on Monday, the prosecution asked for 14 years in jail with 16 strokes of the cane for Panfilov. 

The harm caused to the victim was both physical and mental, said Deputy Public Prosecutor Sheldon Lim, noting that Panfilov's two rape convictions involved a "significant degree" of physical pain. 

The 29-year-old also showed a lack of remorse while the trial was ongoing, which warrants a "significant upward calibration" of his sentence, he added. 

During the trial in 2023, Panfilov was represented by a different set of lawyers. The prosecution argued on Monday that the 29-year-old "prolonged his trial unnecessarily" by subjecting the victim to a "marathon" 13 days of cross-examination. 

"There was repeated questioning of the victim on areas that the defence had already canvassed," said the prosecution. 

In mitigation, the defence argued that all of the offences resulted from a "single continuous act" that took place in two hours on the day of the incident. 

Panfilov's lawyer Sameer Melber from Gabriel Law Corporation highlighted that according to the undisputed series of events, the victim "voluntarily" met him, booked her own ride to his house and boarded the car herself. 

She also voluntarily entered his room and sat on his bed, which shows that she ended up on his bed "of her own volition". There is no evidence that he dragged or forced her to enter the room, said the lawyer. 

The events that transpired in the lead-up to Panfilov's molestation offence were "spontaneous and occurred in the heat of the moment", said his lawyers. 

The defence argued for 10 years and five months in jail and six strokes of the cane for him. Mr Sameer noted that Panfilov is a first-time offender, intends to get married later this year if he can and will continue pursuing his university education while in prison. 

Panfilov was arrested on Dec 9, 2023, and has been in remand ever since. His sentence will be backdated accordingly. 

In delivering his sentencing decision, Justice Pang said that, without diminishing the harm suffered by the victim, he did not agree with the prosecution that the level of harm she suffered constituted a separate aggravating factor, stressing that the level of harm associated with rape is already very serious. 

He also addressed the prosecution's arguments about Panfilov's lack of remorse, noting that the former actor had attempted to leave the country without permission while out on bail. 

He added that while the prolonged cross-examination could have retraumatised the victim, the defence was "careful" not to cross-examine the victim in a scandalous manner.

The high-profile verdict in March attracted comments from the former vice-president of the Law Society of Singapore Chia Boon Teck. In a post on LinkedIn, Mr Chia appeared to question the victim's actions and made comments that were perceived as victim-shaming. 

His comments drew widespread backlash and outrage from the public, including members of the legal fraternity, and the Law Society asked him to resign from his post. 

Law and Home Affairs Minister K Shanmugam also weighed in, stating that "shaming and blaming victims steps over the line" and that "any misogyny should have no place in our society".

The prosecution's case had been that Panfilov sexually assaulted the victim in his room on Jan 12, 2021, following a meet-up with the victim at a Wine Connection restaurant earlier that day. 

The victim, a model-actress and an aspiring comedy scriptwriter, wanted Panfilov's help with her scriptwriting. 

They started working on the script at the restaurant and left to continue doing so at Panfilov's residence. 

As the two were watching comedians on YouTube in his room, Panfilov suddenly kissed the victim on her lips, and subsequently sexually assaulted her. 

Over the next few days, the victim reported feeling depressed but decided against telling her mother or sister for fear of worrying them.

She finally decided to see a doctor as she worried about the pain in her vaginal area and lower abdomen, and was told by the doctor to lodge a police report. 

The victim then spoke to several police officers on Jan 16, 2021, but decided against lodging a report, worried that the police would not believe her and that others would find out about the incident. 

She also felt traumatised about having to explain what happened to the police officers. 

She lodged a police report on Jan 18, 2021, after having told her mother about the incident. 

The defence sought to argue that the victim had initiated the sexual encounter and that both then progressed to consensual sex.

Those convicted of rape can be sentenced to a maximum of 20 years' jail and fined or caned.

The penalties for sexual assault by penetration are the same as those for rape.

Those convicted of molestation can be jailed for up to two years, fined, caned, or given any combination of these punishments.