The Court of Appeal detailed its decision in a 92-page judgment explaining why Lev Panfilov was cleared of all four rape and sexual assault charges. Panfilov had previously been sentenced by the High Court to 11½ years' imprisonment and 12 strokes of the cane. The appellate judges specifically focused on how the complainant's accounts shifted between her medical examination and trial, pointing to a discrepancy regarding whether she was forcefully prevented from screaming or chose to remain silent.
Key points
The presence of two equally plausible explanations legally establishes reasonable doubt a…: The presence of two equally plausible explanations legally establishes reasonable doubt and requires the acquittal of an accused person.
The appellate court rejected claims that shifting testimonies about screaming were minor,…: The appellate court rejected claims that shifting testimonies about screaming were minor, suggesting the change indicated possible embellishment by the complainant.
Panfilov has now been cleared of all four criminal charges arising from the January 2021…: Panfilov has now been cleared of all four criminal charges arising from the January 2021 encounter at his condominium.
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SINGAPORE – The unresolved inconsistencies in the testimony of a woman who accused online content creator Lev Panfilov of raping her gave the Court of Appeal reason to doubt her account of a violent sexual assault.
But neither her account of a rape nor Panfilov’s account of consensual sex was more believable than the other, the court said in written grounds issued on Nov 5.
“In such a situation, the court could only be guided by the ‘cornerstone of our criminal jurisprudence’ that, where the evidence may lead to two equally reasonable results, that suffices to establish reasonable doubt.”
In a 92-page judgment, the court, comprising Chief Justice Sundaresh Menon, Justice Ang Cheng Hock and Justice Sushil Nair, set out its detailed reasons for acquitting Panfilov on Sept 2.
The woman had accused Panfilov of sexually assaulting her in his bedroom on Jan 12, 2021.
He was then a scriptwriter and actor with YouTube channel Wah!Banana. She had worked as a model and actress and was trying to branch into comedy.
They “matched” on Tinder in early January 2021. A…
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