Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Reasons for appeal against sexual assault convictions revealed – Legal Perspective
Tom Silvagni, the son of AFL great Stephen Silvagni, will argue a phone call between him and a woman he sexually assaulted should have never been used as evidence in his rape trial, as his legal team fights to have his conviction quashed.
Documents released by the Supreme Court on Thursday detail the grounds for his appeal, with his lawyers set to argue that County Court Judge Gregory Lyon “erred” in two ways during the rape trial.
The 23-year-old was found guilty of two counts of rape last month after a January 2024 attack in which he snuck into a bedroom at his family’s Melbourne home, pretended to be someone else and sexually assaulted a woman. Silvagni then doctored an Uber receipt the next day to try and cover up his crime.
The Supreme Court confirmed on Wednesday that Silvagni had launched an appeal against his two rape convictions, releasing the appeal documents to the media on Thursday.
Silvagni’s appeal centres on a phone call the victim made to Silvagni on January 25, days after the sexual assault occurred and after she had reported the rape to police.
His legal team will argue that Lyon “erred” in determining that statements made by Silvagni to the complainant during this “pretext call” were capable of constituting evidence of “incriminating conduct”.
The jury heard during the 10-day trial that the victim, who cannot be named for legal reasons, spoke to Silvagni 11 days after the rape over a “pretext” call, which means police were recording their conversation.
“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 document says.
His legal team will also argue Lyon failed to properly instruct jurors on the way the evidence could be used.
“The learned trial judge erred in his directions to the jury concerning (a) the permissible use to which the evidence relied upon as incriminating conduct might be put by the jury and (b) the limited circumstances in which the evidence relied upon as incriminating conduct might be used by the jury,” the second grounds for appeal says.
Silvagni was sentenced to six years and two months behind bars and is eligible for parole after three years and three months.
The maximum jail term for rape is 25 years, with an average of seven to 10 years.
Last month, Lyon allowed the sentence to be broadcast live after Silvagni’s identity was kept secret due to a suppression order for more than a year.
The suppression order barring reporting of his identity had been in place since mid-2024 until it was lifted following his trial last month, with Silvagni’s lawyers citing evidence about their client’s mental health and his fears about the implications it could have on his famous family.
The suppression order was the subject of an ongoing legal battle between media outlets and the Silvagni family.
Lyon told the County Court in December that Silvagni had shown no remorse and that his actions towards the victim were egregious and showed a lack of empathy towards her.
“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,” he said.
The victim, who cannot be named due to legal restrictions, spoke of the ongoing impact of the night and said she would carry the trauma of it for the rest of her life.
As she read her victim impact statement to Victoria’s County Court last month, the woman described the fear and confusion she felt over the rape and said she is still haunted by it every day.
“Tom Silvagni, you raped me not once but twice. You know this, I know this, and now so does everyone else,” she said in her statement.
“You were my friend, somebody I thought I could trust.”
“People think the worst part of this was the night you hurt me, but it’s … having to live with the aftermath every day since.”
“Do you know how scary it is to have a big strong man hold hands behind your back so you can’t escape his grip?”
If Silvagni’s appeal is successful, the Court of Appeal would quash his convictions and either order a retrial or acquit him.
Tom is the youngest son of Carlton great Stephen Silvagni and his wife Jo, a former television host, and the grandson of Blues Hall of Famer Sergio.
His father previously vowed to clear his son’s name outside court.
“Jo and I, together with our family members and friends, are so disappointed with the outcome,” he said, standing with Jo outside court following a pre-sentence hearing for his son in December.
“We all love and support our son, Tom. Our son continues to maintain his innocence, and we stand firmly behind him.
“We will be considering our options to appeal and shall not be making any further comments on this case.
“Our goal is to clear his name and bring him home. We ask for our privacy and to be respectful.”
Support is available from the National Domestic Family and Sexual Violence Counselling Service 1800RESPECT (1800 737 732) and Victims of Crime Helpline (1800 819 817).
Be the first to know when major news happens. Sign up for breaking news alerts on email or turn on notifications in the app.