Scandal Tom Silvagni convicted of rape

[Jibroni]

The emotional trauma for both families would be hard to fathom.

We have a deep responsibility as parents to support our own and endure hard conversations take accountability. All I know is if my son told me too my face that he did not do something as serious as this I would defend him until my last breath.

For his sake I hope SOS takes a leave of absence.

 

[Bostonian]

How is that case even remotely similar?

That parents will believe their kid if they claim innocence. Even in cases where there's 1% doubt.

 

[zeggie]

Was there any evidence other than her word and doctored uber receipt?

I assume if it was "digitally" there wouldn't be much physical?

Based from what I can gather it's likely he did do it but if that's all the evidence they have I don't know if I would be sure enough to give that as a verdict

Yes there was more evidence.

1. TS asked his mate to lie and say he came back to the house. His mate refused.
2. TS tried to coerce the victim into forgetting the incident and then attempted to gaslight her that she was mistaken.

It was "much physical". TS restrained her by the wrists.

TS is a absolute POS and I can easily see him getting a solid 7-10 years.

SOS is an absolute dimwit for making the statement he did today. It won't be forgotten by anyone he interacts with privately or at work. Daresay he is let go quietly from StK in 9-12 months time.

 

[ToxicMegaPunts]

Isn't it illegal for calls to be recorded without the knowledge/consent of the party being recorded?

If it is illegal, then it could not have been admissible as evidence, and could be grounds for the Silvangi's to sue.

• Court Admissibility: Even if illegal, a court can allow a recording as evidence under the Evidence Act 2008 (Vic) if the evidence's value is more important than the fact it was obtained illegally.

 

[BillyElliott]

Was there any evidence other than her word and doctored uber receipt?

I assume if it was "digitally" there wouldn't be much physical?

Based from what I can gather it's likely he did do it but if that's all the evidence they have I don't know if I would be sure enough to give that as a verdict

He told multiple lies. He admitted to lying about many things.

Man from high-profile Victorian family found guilty of rape

A County Court jury finds a man guilty of two charges of raping a woman in his home after a night of drinking with friends.

www.abc.net.au

 

[Call Me Cake]

Tough to judge a father in this sort of a moment. He's clearly suffering cognitive dissonance due to confirmation bias over his thoughts for his son. Think the time to judge his words/stance is when time has passed and it's set in. This is almost akin to losing a son. No parent wants to believe their child is dead even if they're told. I'm not a father but I can contextualise the situation.

 

[Saucery]

SOS's statement was really poor, he should have said nothing..he looks like he hasn't slept in months and isn't thinking straight.

The victims impact statement is so harrowing. I don't know how you could read it and think he wasn't guilty. It would have been the brave thing for the parents to listen to it but I can respect that it's complicated. Their son is telling them he didn't do it and they so badly want to believe. They'll probably come to the realisation in time.

I think they know anyways but will fight to the end to defend him. For some loyalty means more than anything.

 

[Rod Stroker]

You're wrong.

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

 

[danster168]

whenever i hear cases like this i immediately think of Kobe Bryant. A guy who was adored and celebrated like a God. Its good to have a guilty verdict for a change.

 

[WillHayward]

I am a rape survivor (from more than one person). I am not detailing my experiences but you never get over it.

Some of the comments in here and on Facebook are actually making me feel sick and upset. I am going to have to step away from reading anything further.

There's a female perspective for you.

Neese out

Respect

 

[WillHayward]

Isn't it illegal for calls to be recorded without the knowledge/consent of the party being recorded?

If it is illegal, then it could not have been admissible as evidence, and could be grounds for the Silvangi's to sue.

It's not illegal if it's to protect your own legal interests . Which seems to be their case here.

And what do you mean by the silvagnis could "sue"??.
"Sue" who and for what?

 

[CrumpetAgony]

What has sos done wrong

Nothing against Sos, but he’s defended a convicted rapist, and in this day and age he’ll get a tap on the shoulder and a payout in the next week or two

 

[danster168]

Nothing against Sos, but he’s defended a convicted rapist, and in this day and age he’ll get a tap on the shoulder and a payout in the next week or two

no he wont. he defending the person, not the action. As expected from a father

 

[Mitchell Madness]

Amazing how many people get caught via something daft altering electronic documents. Unless you are really really good it can be picked up from forensic document analysis with relative ease. And the prosecution are absolutely going to spend some money on any electronic receipt presented as some kind of alibi

Its as simple as checking a receipt with the provider. Literally takes 2 seconds

 

[WillHayward]

Was there any evidence other than her word and doctored uber receipt?

I assume if it was "digitally" there wouldn't be much physical?

Based from what I can gather it's likely he did do it but if that's all the evidence they have I don't know if I would be sure enough to give that as a verdict

But the alternative explanation i.e.he didn't do it isn't very plausible is it.
And the story TS provided in his own defence was a total nonsense.
Was also evidence provided others
So there's that

 

[evanbillinge]

Yes exactly - I was just responding to the query suggesting that the burden was on the accused to provide an alternate chain of events - which it obviously isn't - unless he chose to give evidence to defend himself, which I doubt he did in a scenario like this.

He actually took the box and gave evidence

 

[mookieb]

Yes, I sense a ‘Men’s rights’ influx debating evidential info they’ve never been privvy to.

Everyone has rights in matters of the court. That's what got Tanner Bruhn off and Silvagni had his rights and it would appear the court got this one right as well.

 

[T2B_]

Most decent parents would do the same.

If the evidence is undeniable, then no, if it was my son doing such a heinous thing, I'd be on for him copping the proper punishment.

 

[pie chucker]

SOS showed no remorse or respect to the victim, neither has Tom. Yes I understand a father standing up for his son, but for now, Tom has been found guilty of rape. If it was my son, I'd be disgusted in him.

It's very difficult to get a rape trial to court let alone a guilty verdict. Generally, because there's not enough evidence. Hence why many women don't even report the crime.

Let's all take a minute to show some compassion for the victim.

 

[10571z]

Was there any evidence other than her word and doctored uber receipt?

I assume if it was "digitally" there wouldn't be much physical?

Based from what I can gather it's likely he did do it but if that's all the evidence they have I don't know if I would be sure enough to give that as a verdict

Well there’s 2 scenarios..

He did or didn’t do it.

His parter would have been asked if he left the room which under oath would have probably admitted he did.

The man the victim had consensual sex with was involved with the cover up and I dare say once probed admitted to Tom’s actions.

These aren’t the actions of a man who went to bed woke up and was accused of rape out of thin air, which he seems to be essentially saying what happened.

 

[Kappa]

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

As I said, you're wrong.

Lawful Interests: This exception is interpreted strictly by the courts and does not cover simply wanting an aide memoire or an advantage in a civil case. It is more likely to apply if you have a genuine fear for your safety or are gathering evidence of serious criminal activity, such as:

 

[CrumpetAgony]

no he wont. he defending the person, not the action. As expected from a father

What?

 

[danster168]

What?

what do you mean what?

 

[zeggie]

Nope

'In most Australian states and territories, it is illegal to record a private conversation without the consent of all parties involved. This is commonly referred to as “two-party consent.”'

Is it Legal to Record Your Partner in Australia? Family Law Rules and Privacy Rights Explained | Bennett Carroll Solicitors

Wondering if it's legal to record your partner in Australia? Learn about Australian privacy laws, family law rules, and when recordings might be used in court. Know your rights before pressing "record." Bennett Carroll Solicitors - Brisbane, Gold Coast & Sunshine Coast.

www.bcglaw.com.au

'But the reality is that it is normally against the law to record a phone call without the other person’s consent.'

Is it legal to record a phone call in Australia?

The rules relating to recording telephone calls in different parts of the nation.

www.sydneycriminallawyers.com.au

'Under the Telecommunications (Interception) Act 1979 (Cth), it is generally illegal to record phone conversations without all parties’ consent.'

Can A Secret Recording Be Used As Evidence In Australia?

Explore 'Can a Secret Recording Be Used as Evidence?' Understand its legality, admissibility in court, and the complexities of Australian law.

justicefamilylawyers.com.au

It literally doesn't matter. She testified. TS did not deny the conversation.

 

[WillHayward]

SOS showed no remorse or respect to the victim, neither has Tom. Yes I understand a father standing up for his son, but for now, Tom has been found guilty of rape. If it was my son, I'd be disgusted in him.

It's very difficult to get a rape trial to court let alone a guilty verdict. Generally, because there's not enough evidence. Hence why many women don't even report the crime.

Let's all take a minute to show some compassion for the victim.

I agree. Probably just a "no comment" was appropriate for today in the circumstances.

Others will probably think this is trivial or I'm being overly sensitive or reading to much into it but to me this a pattern of behaviour.

It looks like they moved absolutely heaven and earth to get the suppression order (a KC went to the Supreme Crt over this) and then today the words he used were "clear his name".

This all strikes me as a bit offish. Seems like the main focus is on the "name" and "reputation" rather than dealing with actual human beings.