The family of convicted rapist Tom Silvagni fears the slim possibility of his release before Christmas is fading.

Silvagni, 24, was sentenced in December in the Victorian County Court to a maximum of six years and two months, with a non-parole period of three years and three months, after being found guilty of two counts of rape.

He is the son of Carlton legend Stephen Silvagni and model and TV personality Jo Bailey. Silvagni appealed his conviction shortly after being sentenced for raping a young woman at his family's former Balwyn North home.

However, as of Tuesday, the Supreme Court of Victoria confirmed there is still no date set for his appeal to be heard.

The family's chief concern is that the longer the leave to appeal application remains unlisted, the slimmer the chances of a ruling being handed down before the court's Christmas shutdown, an associate of the Silvagnis told the Daily Mail.

Top criminal lawyer George Balot, of Balot Reilly Criminal Lawyers, separately told the Mail that it's 'too early to make a definitive prediction' on whether Silvagni's appeal will be determined in 2026.

'Mr Silvagni has applied for leave to appeal against conviction. Leave is generally required before a convicted person can pursue an appeal, and the application is usually determined by a single Judge of Appeal,' Mr Balot said.

'In many cases, however, leave is determined at the same time as the substantive appeal.'

If the appeal succeeds, the Court may quash the conviction and order an acquittal, a retrial, or another order permitted by law. If the appeal is unsuccessful, the conviction remains.

'A further appeal to the High Court may be possible, but it is not automatic and generally requires special leave.

'The timing of the appeal will depend on the Court's listing arrangements and the issues raised. It is therefore too early to make a definitive prediction about whether it will be determined in 2026.'

Mr Balot, one of Melbourne's top criminal lawyers, noted that Silvagni has one remaining legal option if he hopes to spend Christmas outside of prison.

'Mr Silvagni may also seek bail pending appeal, but that is a separate application. The Court of Appeal has traditionally required exceptional circumstances to be established,' he said.

'It is a demanding test, and the outcome depends on the particular circumstances of the case.

'Ultimately, the appeal process is about determining whether the conviction is legally safe, not simply whether the convicted person disagrees with the outcome.'

Silvagni is being held in Melbourne Assessment Prison, also known as 'The Map'.

Silvagni, who last month spent his 24th birthday in custody, was convicted for the sexual assault that occurred on January 12, 2024, in a bedroom at the Balwyn North mansion owned by his parents.

He was found guilty after the court heard the victim had arrived at the house shortly after midnight, having been invited by the accused's girlfriend, Alannah Iaconis.

A drinking session had taken place earlier, but by 12.23am only Silvagni, Ms Iaconis and his former best friend Anthony LoGiudice, who was in a casual intimate relationship with the victim, remained.

The jury heard the victim had consensual sex with Mr LoGiudice, known as Mr B during the trial, in an upstairs bedroom.

At 1.58am, Mr LoGiudice, a close relative of former Carlton president Mark LoGiudice, left in an Uber and arrived home at 2.09am.

Silvagni then deceived the woman, falsely claiming that Mr LoGiudice's Uber had been cancelled and that he would be returning upstairs.

Instead, Silvagni entered the darkened bedroom himself, climbed into the bed, and impersonated Mr LoGiudice before digitally raping the woman twice.

As part of the police investigation, a 'pretext call' – a monitored phone call between the complainant and the accused – was conducted.

The purpose of the call – a standard investigative tool in sexual offence cases – is to determine whether detectives can obtain incriminating conduct from a suspect.

Silvagni appealed his rape conviction, arguing that Judge Greg Lyon 'erred' in finding that his statements to the victim during the pretext call 'were capable of constituting evidence of incriminating conduct'.

He also contends that Judge Lyon 'erred in his directions to the jury' regarding 'the permissible use to which the evidence relied upon as incriminating conduct might be put by the jury'.

The appeal, lodged on January 9, is yet to be listed. While the court has confirmed the matter remains pending, it is unclear how long Silvagni will remain in The Map before his appeal is heard.

Prison sources describe Melbourne Assessment Prison as a confronting environment, with many inmates confined to their cells for up to 23 hours a day.

The high-security remand centre has housed other notable prisoners, including Cardinal George Pell, who was held in a special unit for his safety due to his profile and his 2018 conviction for child sexual abuse.

Cardinal Pell's convictions for historical child sexual offences were quashed by Australia's High Court in 2020. He died in 2023, aged 81.

Silvagni does not have the status of the late Cardinal Pell, but his well-known surname in Melbourne may make him a target and justify placement in the same protection unit.

From his cell, he would likely be unable to see other prisoners.

However, he would still hear the distress and unrest of inmates, including those experiencing withdrawal from drugs such as methamphetamine and heroin.

As a remand facility, The Map offers fewer activities and rehabilitation programs than other prisons, leaving inmates to spend much of their time in boredom and isolation.

Conditions at The Map are in stark contrast to the privileged life Silvagni once knew before his high-profile rape trial.

The youngest of three sons, Silvagni grew up privileged and attended the prestigious Xavier College.

Silvagni – whose older brother Jack now plays for St Kilda after 128 games with their father's former club, Carlton – was given every opportunity to pursue a career in professional football but ultimately did not succeed.

A suburban league footballer who played against Silvagni told the Daily Mail he was not especially talented, even at the local level.

Silvagni later worked as a junior AFL player manager and appeared to enjoy a glamorous lifestyle, including a relationship with Miss World Australia finalist Alannah Iaconis.

Ms Iaconis supported Silvagni during the trial but appears to have moved on since his conviction.

Tom Silvagni's story is a stark one, charting his fall from a bar-hopping socialite to a prison inmate eating basic meals with a plastic spoon.