Tom Silvagni, son of AFL legend Stephen Silvagni, is challenging his recent convictions for sexual assault, arguing that a recorded phone call used in his trial should not have been admitted as evidence. The appeal, lodged with the Supreme Court, aims to overturn the guilty verdicts handed down last month.
The 23-year-old was convicted of two counts of rape following a January 2024 incident at his family’s Melbourne home. During the trial, it was revealed that Silvagni had impersonated another person to gain access to the victim, later attempting to cover up his actions by altering an Uber receipt.
Grounds for Appeal
According to documents released by the Supreme Court, Silvagni’s legal team will argue that County Court Judge Gregory Lyon made errors in allowing the phone call to be used as evidence. This call, made by the victim on January 25, was recorded by police as part of a “pretext” operation.
The appeal claims Judge Lyon erred in ruling that statements made by Silvagni during this call could be considered evidence of “incriminating conduct.” Furthermore, the defense contends that the jury was not properly instructed on how to interpret this evidence.
“The learned trial judge erred in determining that the statements made by (Silvagni) to the complainant during the pretext call … (a) were capable of constituting evidence of incriminating conduct, (b) were reasonably capable of being viewed by the jury as evidence of incriminating conduct and (c) could be relied upon by the prosecution as evidence of incriminating conduct,” the appeal document states.
Sentencing and Public Reaction
Silvagni was sentenced 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, though average sentences range from seven to ten years.
Judge Lyon, during sentencing, emphasized the calculated nature of Silvagni’s actions and his lack of remorse. “Although your crimes rose from an opportunity you could not have envisioned … your crimes were marked by planning, cunning and strategy in order to deceive,” Lyon remarked.
The case has drawn significant public attention, partly due to Silvagni’s family background. Initially, a suppression order was in place to protect his identity, citing concerns about the impact on his family. This order was lifted following his conviction, allowing the media to report his name.
Victim’s Impact and Family’s Response
The victim, who remains anonymous due to legal restrictions, delivered a poignant victim impact statement, describing the lasting trauma of the assault. “Tom Silvagni, you raped me not once but twice. You know this, I know this, and now so does everyone else,” she stated, highlighting the betrayal and ongoing fear she experiences.
Silvagni’s parents, Stephen and Jo, have publicly supported their son, expressing disappointment with the trial’s outcome. “We all love and support our son, Tom. Our son continues to maintain his innocence, and we stand firmly behind him,” Stephen Silvagni said outside the court.
“Our goal is to clear his name and bring him home. We ask for our privacy and to be respectful,” the family stated in a public appeal.
Legal and Social Implications
If successful, the appeal could lead to Silvagni’s convictions being quashed, potentially resulting in a retrial or acquittal. The case underscores ongoing debates about the use of pretext calls in sexual assault cases and the challenges of balancing evidentiary rules with victim protection.
Support services continue to be available for those affected by sexual violence, with organizations like 1800RESPECT and the Victims of Crime Helpline offering assistance.
The appeal process is being closely watched, not only for its legal implications but also for its potential impact on public perceptions of justice in high-profile cases.
