Tom Silvagni Rape Case | Tom Silvagni Sentence

On 5 December 2025 Tom Silvagni was convicted of two charges of rape by a jury after a 10 day trial in the County Court of Victoria. Each count of rape carries a maximum penalty of 25 years imprisonment in Victoria, with a standard sentence of 10 years' imprisonment. Tom Silvagni was then sentenced by his Honour Judge Greg Lyon to six years and two months' imprisonment, with a non parle period of 3 years and three months.

What are the Allegations About? | What Did Tom Silvagni Actually Do?

On 13 January 2024, Mr Silvagni hosted his childhood friend Anthony Lo Giudice for an afternoon of summer drinking at his parents house. Alannah Iaconis, Mr Silvagini's then girlfriend, was also present. The three were dirking over the course of the evening. Another couple came over after dinner for a couple of hours and left together.

Later in the night, Mr Lo Giudice and Ms Iaconis both made contact with the victim Ms T. For legal purposes the victim will not be named in this article. Ms T was a friend of Ms Iaconis and had socialised with Mr Silvagni from time to time. Ms T had previously engaged in a casual sexual relationship with Mr Lo Giudice previously.

Ms T arrived after midnight, after attending another social event. When she arrived, then joined Mr Lo Giudice, Ms Iaconis and Mr Silvagni on the couch downstairs.

Later, Ms T and Mr Lo Giudice went to a spare bedroom next to Ms Sivagni's, where they engaged in consensual sexual activity. After a period of time, Mr Lo Giudice received a text from his parents to come home. He left, indicating to Ms T that he was going to get an Uber to his family home.

After he left the bedroom, Mr Lo Giudice entered Mr Silvagni's bedroom and woke him up, asking him to open the front gate so that he could move his car onto the street for easy collection in the morning. Mr Silvagni went downstairs and opened the gate. Mr Lo Giudice left.

Mr Silvagni then entered the bedroom in which Ms T was resting or sleeping in and engaged in a number of deceptive acts.

Mr Silvagni entered the doorway of the spare bedroom and spoke to Ms T, telling her that Mr Lo Giudice's Uber had been cancelled, and that he would return upstairs in a few minutes.

He left, and entered the bedroom quickly a short while later, closing the door behind him swiftly so that the room was completely dark.

Mr Silvagni got into bed with Ms T, spooned her, and penetrated her vagina with his fingers.

Ms T had expected Mr Lo Giudice to return to the room. However, Ms T suspected that something was wrong. She wriggled away to prevent the penetration from continuing, and tried to engage in small talk so she could hear the voice of the person next to her. She told the person to illuminate their face with their phone torch. She challenged their identity, asking if it was Anthony. Mr Silvagni replied with words to the effect "...why wouldn't it be Anthony?"

In the midst of Ms T's questions, Mr Silvagni placed Ms T over his torso and again penetrated her vagina with his fingers. Ms T kept saying "stop", but Mr Silvagni continued. Ms T continued to ask if it was Anthony. Mr Silvagni restrained her by holding her hands.

Ms T then stated in evidence that "her brain clicked" and she realised it was not Anthony. She broke her hand free and touched Mr Silvagni's hair which was considerably longer than Mr Lo Giudice. Ms T stated "Stop, Tom, I know it's you." Mr Silvagni quickly left the room. When he opened the door, Ms T further recognised Mr Silvagni by his silhouette and longer hair as he left through the doorway.

Mr Silvagni returned to the room a few minutes later under the guise that he had heard a noise and was checking if anything was wrong. Ms T again said, "I know it was you in here". Ms T texted Mr Lo Giudice, who replied that he was at home. Ms T booked an Uber and left Mr Silvagni's house.

In the days following, Mr Silvagni desperately tried to call Mr Lo Giudice, but he initially did not answer calls. Over the next 24 hours, Mr Silvagni told Mr Lo Giudice not to communicate with or respond to Ms T. He acted as gatekeeper to his communications with Ms Iaconis. Mr Silvagni instructed Mr Lo Giudice to variously state that he returned to Ms T's bedroom, that his Uber left after Ms T had already departed and say that Mr Lo Giudice waited in another room until his Uber arrived.

On 15 January, Mr Silvagni received and altered Mr Lo Giudice's Uber receipt to falsely show that he had left after Ms T.

When and Where the Allegations Were Reported?

On 22 January, Ms T formally reported the matter to police. On 25 January 2024, Ms T called Mr Silvagni in a pretext recorded call. Mr Silvagni told her that Mr Lo Giudice said he "went back in", that Mr Silvagni had seen the Uber receipt and '"it all matched up." Mr Silvagni used these lies, and repeatedly suggested to Ms T that she should not pursue the matter further.

Ms Silvagni was charged by police on 14 June 2024.

Mr Silvagni admitted forging the receipt but said he did so because he panicked after being falsely accused of rape. However, a jury rejected that story and convicted him of two counts of rape of Ms T.

Tom Silvagni is appealing his conviction.

Who is Tom Silvagni?

Tom Silvagni, born 25 September 2002, was 23 years old when sentenced for rape by the County Court of Victoria following his conviction on 5 December 2025. His family have strong ties to the AFL and the media due his father, Stephen Silvagni's successful AFL career.

What is a Pretext Call?

A pretext call is a common practice for police investigating sexual assault allegations in Australia. It involves police obtaining a warrant and organising a call between the complainant and the accused. The call may then be used as evidence against the accused in criminal proceedings if they are charged. Apart from where it may be deemed that the police participated in "eliciting behaviour", there is no violation of the accused's right to choose whether or not to speak to the police concerning pretext calls. Although there have been cases where the courts have excluded evidence of pretext calls in sexual assault trials.

Sexual assault laws in NSW

In NSW, the offence of "sexual assault" is contained in section 61I of the Crimes Act 1900 (NSW)and carries a maximum penalty of 14 years imprisonment. The offence is made out when a person has "sexual intercourse" with another adult without "consent" and knew that the other adult did not consent.

"Sexual intercourse" is defined in section 61HA of the Crimes Act 1900(NSW) as the penetration to any extent of the genitalia or anus of another person by any part of the body of another or any object manipulated by another, the introduction of the genitalia of a person into the mouth of another, the application of the mouth or tongue to the female genitalia or the continuation of any of these acts.

The definition of"consent" is contained in section 61HI of the Crimes Act 1900(NSW)as the free and voluntary agreement to sexual activity at the time of the sexual activity. Consent must be present both at the time of the sexual activity and across different sexual activities during the sexual continuum. When withdrawing consent during sexual activity, the withdrawal of consent must be communicated by words or conduct otherwise it will not be considered to have been withdrawn. Once consent has been withdrawn during sexual activity, any further sexual activity will be considered without consent.

A failure to resist a sexual activity by word or conduct does not, by reason only of that, amount to consent. Furthermore, consenting to one particular sexual activity does not automatically,for that reason alone,mean that there is consent to any other particular sexual activity.There must be consent to each type of sexual activity in order for there to be a valid consent.

For more information on sexual assault laws and the various types of offences in NSW, see our recent article on affirmative consent laws.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.