Tom Silvagni: How AFL legend Stephen Silvagni’s son kept rape case secret for more than a year

The media first became aware of Tom Silvagni’s rape accusations through an email from the court stating that his lawyers were seeking a suppression order.

It was 1.40pm on 14 June 2024 and the hearing for the son of AFL legend Stephen Silvagni was due to take place in the Melbourne Magistrates Court at 2pm.

Journalists rushed to the court and the hearing began as usual; Dates were set for the police to present their summary of evidence.

But then Silvagni’s lawyer stood up and said they were trying to close the case to protect the mental safety of both Tom Silvagni and his mother, Jo.

Judge Brett Sonnet was given a psychiatric report and he issued an interim order restricting the release of any information that would identify Silvagni or his family.

Silvagni holidayed with his family in Noosa as lawyers acting on behalf of the media tried to fight the pressure at the hearing on 5 July.

Media lawyers argued that the case was in the public interest and that Silvagni was seeing a psychiatrist, thus reducing the risk to his mental safety.

But Mr. Sonnet ultimately ruled in Silvagni’s favor, banning the media from reporting his identity and that of his family.

“If Mr Silvagni had a connection with table tennis or ping pong there would not be as much media attention,” the judge told the court.

“This is about Australia’s obsession with football.”

The evidence against Silvagni was tested at a secret hearing in February, and a magistrate ruled that was enough for the case to go to trial.

The suppression order ended when the case came to the District Court, but Silvagni’s lawyers applied once again to not disclose his identity.

Defense lawyer David Hallowes SC argued that any media coverage would lead to Silvagni’s mental health deteriorating.

“The risk of suicide in the case of unrestricted broadcast is real, not hypothetical,” Mr Hallowes told the District Court on April 10.

He pointed to Silvagni’s hospital admissions in June 2024 and March 2025, and said the mere possibility that his client would be named was detrimental to his health.

Media lawyer Justin Quill argued that Silvagni’s mental health issues were linked to the fact that he was accused of rape rather than media attention.

He also stated that Silvagni received broad support from his family and was under the care of an experienced psychiatrist, so his risk would be reduced.

Judge Peter Rozen ultimately agreed, finding that Silvagni’s mental health had deteriorated even though the case had not been made public.

“I cannot be persuaded that the proposed order is necessary to protect his safety,” he told the court on May 2.

However, Mr Hallowes immediately indicated that they would appeal and the case remained suppressed.

Silvagni then scored another win on August 15, when Judge Michelle Quigley overturned the District Court decision and ruled that the case should remain sealed at trial.

The media were unable to identify Silvagni or make any reference to his employment, relationship with the AFL or anyone in his immediate family.

Days before the trial was due to begin, Silvagni applied for the order to be extended until the end of the rape trial.

He successfully requested that the case be closed for three months after the case was concluded.

Silvagni was convicted on two counts of rape on December 5, and the jury found that he digitally raped a woman in his own home in January 2024.

Even though he is now a convicted rapist, the media is banned from naming him.

But it lasted until Thursday, when District Court Judge Andrew Palmer ruled that the order should be lifted because it was no longer necessary.

It found that the risk to Silvagni’s mental health would be reduced given that he would be closely monitored while in custody.

The judge said Silvagni’s identity as the convicted rapist was also widely discussed online.

“This is a matter of common knowledge in Melbourne,” Judge Palmer told the court.

Senior crown prosecutor Elizabeth Ruddle KC backed the judge, saying keeping the case secret would bring the justice system into disrepute.

“Silvagni has to face the music at some point,” he said.

Mr Hallowes opposed the decision, arguing that he was only notified of the plan to lift the order on Wednesday afternoon and that he needed more time to obtain material.

Judge Palmer gave Silvagni’s lawyers until 4.30pm to appeal the decision in the Supreme Court, but the lawyers ultimately chose not to do so.

Silvagni, who is in custody, will have a pre-sentence hearing on Friday.

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