What Are the Allegations About? | What Did Tom Silvagni Actually Do?
On 5 December 2025, Tom Silvagni was convicted by a jury of two counts of rape following a 10-day trial in the County Court of Victoria. Each offence carries a maximum penalty of 25 years’ imprisonment, with a standard sentence of 10 years.
He was subsequently sentenced to 6 years and 2 months’ imprisonment, with a non-parole period of 3 years and 3 months.
What Are the Allegations About?
The allegations arose from events on 13 January 2024.
Mr Silvagni hosted a small gathering at his parents’ home with his childhood friend and his then partner. After an evening of socialising and drinking, a female acquaintance (referred to as “Ms T”) attended the premises after midnight.
Earlier in the evening, Ms T had engaged in consensual sexual activity with another male present in the home.
After that individual left the premises, the Crown case alleged that Mr Silvagni entered the bedroom where Ms T was resting and engaged in deceptive conduct designed to make her believe he was someone else.
It was alleged that:
- He falsely indicated that the other male would return shortly
- Entered the room in darkness
- Got into bed with Ms T and initiated sexual activity
- Continued despite her confusion and verbal resistance
- Misled her as to his identity during the encounter
The complainant ultimately realised his identity and told him to stop, at which point he left the room.
The prosecution case focused heavily on deception, lack of consent, and persistence after withdrawal of consent.
Conduct After the Incident
The Crown also relied on post-incident conduct, including allegations that Mr Silvagni:
- Attempted to influence a key witness
- Provided false explanations about the events
- Altered an Uber receipt to support a false version of events
While Mr Silvagni admitted altering the receipt, he maintained he did so out of panic after being falsely accused.
The jury rejected that explanation.
When and Where Were the Allegations Reported?
- 22 January 2024: The complainant formally reported the matter to police
- 25 January 2024: A pretext phone call was conducted
- 14 June 2024: Charges were laid
Mr Silvagni has since filed an appeal against his conviction.
Who is Tom Silvagni?
Tom Silvagni, born 25 September 2002, was 23 years old at the time of sentencing.
He comes from a well-known Australian football family, with strong ties to the AFL through his father, Stephen Silvagni.
What is a Pretext Call?
A pretext call is an investigative tool commonly used by police in sexual assault cases.
It involves:
- Police arranging for the complainant to contact the accused
- The conversation being recorded (usually under warrant)
- The aim being to obtain admissions or inconsistencies
These calls are often powerful evidence in court. However, they can be challenged where:
- Police improperly influence the conversation
- The accused is unfairly induced into making admissions
Courts will assess whether the evidence should be excluded based on fairness.
Sexual Assault Laws in NSW
Although this case was prosecuted in Victoria, the equivalent offence in New South Wales is found in section 61I of the Crimes Act 1900 (NSW).
Key Elements of Sexual Assault
To establish the offence, the prosecution must prove:
- Sexual intercourse occurred
- The complainant did not consent
- The accused knew there was no consent
What is “Sexual Intercourse”?
Under section 61HA, this includes:
- Penetration of genitalia or anus (by any body part or object)
- Oral sexual acts
- Continuing such acts
What is Consent?
Section 61HI defines consent as:
Free and voluntary agreement at the time of the sexual activity
Key principles include:
- Consent must exist for each specific act
- Consent can be withdrawn at any time
- Withdrawal must be communicated by words or conduct
- Lack of resistance does not equal consent
Affirmative Consent
NSW law now adopts an affirmative consent model, meaning:
- A person must take active steps to ensure the other party is consenting
- Assumptions or silence are not enough
Why This Case Matters
This case highlights several critical legal issues:
- The role of deception in vitiating consent
- The importance of clear and ongoing consent
- The evidentiary impact of post-offence conduct
- The increasing use of pretext calls in prosecutions
It also reinforces how juries assess credibility, particularly where competing narratives are presented.
Need Advice on a Sexual Assault Matter?
If you are under investigation or facing charges, it is critical to obtain expert legal advice early.
Criminal Lawyers Group has extensive experience defending serious sexual offence allegations, including complex jury trials.
📞 Phone: (02) 8815 8177
🌐 Website: www.criminallawyersgroup.com.au
📧 Email: info@criminallawyersgroup.com.au