The young woman raped by Tom Silvagni has broken her silence, describing the court process as surreal and deeply distressing, as the Victorian government prepares legislation that would strip convicted criminals of the right to submit good character references at sentencing.
Silvagni, the youngest son of former AFL player Stephen Silvagni, was convicted of two counts of rape on 5 December and sentenced to six years and two months in prison, with a non-parole period of three years and three months. He has since lodged an appeal, arguing errors by the trial judge warrant the convictions being quashed.
For his victim, watching supporters submit written testimony about Silvagni's character during sentencing was one of the most painful parts of the entire ordeal. "He was able to get multiple people that knew him to write about how good of a person he still was," she said. "What wound me up the most was knowing that if you asked me how good of a person I thought the perpetrator was, even a day before he committed the crime, I 100 per cent would have said the exact same thing."
She described the experience as one she is still processing. "Everything feels so surreal still. And I think it's going to be like this for a while. There's a lot to take in."
Her account arrives at a moment when several Australian governments are reconsidering whether good character references serve justice or simply advantage defendants with well-connected social circles. Victoria's Premier Jacinta Allan framed the proposed ban in direct terms: "This is another way of putting safety first, particularly when it comes to the safety of women."
Under existing Victorian law, character references are already restricted in child sexual abuse cases. The new legislation would extend that restriction across serious criminal matters as a blanket rule, and the government intends to bring the bill to parliament by mid-year.
Advocates who have campaigned on this issue for years welcomed the announcement. Sexual abuse survivor Harrison James, who has been vocal on sentencing reform, pointed to the national momentum building around the issue. "New South Wales just came forward with it. The ACT followed and now Victoria's here today. And I think that's really setting the standard for national momentum," he said.
Natalie Gordon, whose sister Ash was a victim of sexual abuse, put the argument plainly: "If you're committing crimes of that magnitude, you should not get the opportunity to defend your character." For families and survivors, the references can feel like an institutional gaslighting, hearing a person who caused profound harm described as a pillar of the community. As Gordon put it, "it's completely dehumanising."
The reform is not without critics, and their objections deserve serious consideration. Greg Barns SC from the Australian Lawyers Alliance argued the push is driven by politics rather than principle. "There's no rhyme or reason to it. It's simply populism. But people have a right to be sentenced fairly," he said. That argument carries weight: the right to present mitigating factors at sentencing is a long-standing element of the common law tradition, designed to ensure courts can account for individual circumstances rather than applying a mechanical formula.
The tension here is genuine. Removing character references may prevent offenders from leveraging social privilege, but it also reduces the information available to sentencing judges. Courts have historically used such references not to excuse conduct but to build a fuller picture of the person before them. Restricting that information could, in some cases, produce outcomes that are less, not more, finely calibrated.
At the same time, research on gender-based violence consistently shows that perpetrators are often known, trusted, and even admired by those around them before an offence comes to light. A reference written in good faith by a friend or colleague may say very little about what occurred in private. Whether that means references should be banned entirely, or simply given less weight, is a question legislators and legal scholars are actively debating as the reform push gathers pace across multiple jurisdictions.
If you or someone you know is affected by sexual assault or family violence, contact 1800RESPECT on 1800 737 732. In an emergency, call 000. Men seeking advice about their use of family violence can contact the Men's Referral Service on 1300 766 491.