Tom Silvagni, whose name was suppressed throughout his criminal proceedings, pictured in a suit outside court.

Tom Silvagni will argue a judge erred in describing a piece of evidence as “incriminating conduct” as he seeks to have his rape convictions overturned on appeal.

Silvagni, the son of AFL legend Stephen Silvagni and TV presenter Jo Sivagni, was sentenced to six years and two months in prison after a County Court jury found him guilty of two counts of rape late last year.

The court heard Silvagni raped a woman twice after he climbed into her bed while pretending to be another man in January 2024.

He then doctored an Uber receipt to cover his tracks, the court heard.

Silvagni filed an application for leave to appeal the convictions earlier this week.

Documents released by the Supreme Court of Victoria on Thursday reveal Silvagni will battle the convictions on two grounds, both linked to prosecution evidence involving a phone call Silvagni’s victim made to the 23-year-old 11 days after the attack.

The court heard that during the call — which was secretly recorded by police — Silvagni told his victim that it would be a “real reassurance for everyone” if she were to move on with her life and forget about the incident.

He also continued to pin the attack on the other man.

In the documents, Silvagni’s lawyers argued trial Judge Greg Lyon “erred” in determining statements the 23-year-old made during the call constituted evidence of “incriminating conduct”.

They also said the judge erred in his directions to the jury concerning “the permissible use to which the evidence relied upon as incriminating conduct might be put to the jury”.

During sentencing last year, Judge Lyon said Silvagni’s crimes were “marked by planning, cunning and strategy” and said he had demonstrated no remorse.

Silvagni’s victim told a pre-sentencing hearing the trauma of the attack would live with her forever, and caused her to be diagnosed with post-traumatic stress disorder.

“Tom Silvagni, you raped me. Not once, but twice,” she said.

“You know this, I know this, and now so does everyone else.”

“That moment haunts me every single day.”

Silvagni is facing a non-parole period of three years and three months.