Tom Silvagni, 23, has filed an application for leave to appeal his rape convictions with the Supreme Court of Victoria. Silvagni was sentenced to six years and two months in prison after a County Court jury convicted him of two counts of rape in late 2023, stemming from an incident in January 2024. His appeal asserts judicial error regarding the classification of certain evidence and jury directions during his trial.
Appeal Filed
Lawyers representing Tom Silvagni submitted the application for leave to appeal with the Court of Appeal, a division of the Supreme Court of Victoria. The Supreme Court has confirmed the filing of the documents, but a hearing date has not yet been scheduled.
The appeal is reportedly based on two specific grounds, both relating to a phone call made by the victim 11 days after the incident, which was secretly recorded by police. Silvagni's legal team contends that trial Judge Gregory Lyon erred by:
- Determining statements made by Silvagni during this phone call constituted "incriminating conduct."
- Making errors in his directions to the jury concerning the permissible use of this evidence.
During the recorded call, Silvagni reportedly told the victim it would be "a real reassurance for everyone" if she were to move on with her life and forget about the incident. He also continued to attribute the assault to another individual.
Conviction and Sentencing Background
Silvagni was found guilty of two counts of rape following an incident that occurred at his Melbourne family home on January 14, 2024. He had denied digitally raping the woman.
In December, the County Court of Victoria sentenced him to six years and two months in prison, with eligibility for parole after three years and three months. The maximum sentence for rape in Victoria is 25 years.
Trial Details and Evidence
During the trial, prosecutors presented evidence alleging that Silvagni entered the woman's bedroom, climbed into her bed, and posed as her boyfriend. He was also accused of later attempting to conceal his involvement by altering an Uber receipt to suggest the woman's boyfriend had remained at the residence longer.
Judicial Comments
During sentencing, Victorian County Court Judge Gregory Lyon noted that Silvagni had shown no remorse for his actions. Judge Lyon described Silvagni's conduct as "egregious" and "lacking empathy," stating that the crimes involved "planning, cunning, and strategy to deceive." He further characterized Silvagni's actions as premeditated and strategic.
Victim Impact Statement
The victim, whose identity is protected by law, provided an impact statement to the court. She described experiencing ongoing trauma and fear as a result of the incident and has been diagnosed with post-traumatic stress disorder. In her statement, she directly addressed Silvagni, stating, "Tom Silvagni, you raped me not once but twice. You know this, I know this, and now so does everyone else."
Family Context and Previous Statements
Silvagni maintains his innocence. His father, former AFL player Stephen Silvagni, previously stated that he and his family would support Tom and intended to appeal to clear his name.
The case was initially subject to a suppression order preventing the reporting of Silvagni's identity for over a year. This order was lifted by Judge Lyon due to concerns about Silvagni's mental health and the potential impact on his prominent family. The family includes:
- Stephen Silvagni: Father, former AFL great.
- Jo Silvagni: Mother.
- Sergio Silvagni: Grandfather, former two-time premiership player for the Blues.
- Jack Silvagni: Brother, currently a player for St Kilda after previously playing for Carlton.