When the prosecutors, police, and judges start talking about a conspiracy to commit a sex crime, they're usually going to be talking about two or more people getting together to achieve some sort of sex crime.
I've seen several cases where women have been drugged and raped by multiple people. This is one area where the prosecutors could charge a conspiracy because some of the players say they didn't have to do with all of the acts that were the crime related to the alleged victim.
However, if they were part of an agreement to commit some sex act against somebody and that sex act was illegal against the person's will – nonconsensual – they could be charged as a co-conspirator, even though they might not have done all of the actions related to the offense.
For example, if somebody drugged the individual and then all the parties took part in the rape, it wouldn't just be the person who drugged the individual guilty; it would be all the people if they were part of the conspiracy.
In other words, they knew that the person would be drugged, or even if they didn't see the person was going to be drugged. Still, by the facts and circumstances, they should have reasonably known that the person had been drugged and a crime was being perpetrated against that person's will.
Why Prosecutors Use Conspiracy Charges in California
This conspiracy allegation allows the prosecutors to do in sex crime cases – in many cases in Los Angeles – to capture more people. In other words, it says when people conspire to commit crimes, they're much more dangerous than somebody operating alone – whether it be a violent felony or some other misdemeanor conduct. Sometimes people conspire to fight somebody else, and they beat the person up, then they're charged with conspiracy.
But when it comes to sex crime offenses in the crime of conspiracy, then obviously that's much more serious. Depending on what they conspired to do, the person will typically be looking at the prison and possibly registering as a sex offender.
So, there's no such crime as just conspiracy all by itself. You have to be conspiring to do something illegal, and one person can't conspire. It has to be more than one person; obviously, they would just charge the one person involved with the crime.
They use this concept of conspiracy to capture more than one person in the offense, and that way, the prosecutors can charge multiple people and not just one person. They can attribute numerous individuals' actions to the entire group.
Of course, one of the critical things when it comes to conspiracy to commit a sex crime in Los Angeles is they will have to establish the evidence that proves there's some agreement.
Most of the people who might be involved in a conspiracy or a sex crime conspiracy are not going to want to talk and admit anything to the prosecutors, but when they get one person that's part of the conspiracy or one person who is a witness to the meeting of a plot.
Co-Defendant Testimony Against Other Defendant
I've had several big sex crime conspiracy-related offenses where somebody is arguably part of the conspiracy – they hear about what's going on. They testify in the case, but they help the prosecutors, so they end up not prosecuting them for the crime.
In these circumstances, even though that person is a co-conspirator, if they're not being prosecuted, they can testify to establish the agreement. Once they show the deal, the purpose of the illegal sex crime conspiracy, and who all the players were, the prosecutor has the foundation to prove the crime of conspiracy to commit a sex crime in Los Angeles.
Once they have established a conspiracy, established the agreement, and found who is involved, they have to show what crime they committed, who the victim was, and get the victim to testify to who was involved in the conspiracy.
Sometimes victims in sex crimes don't know who was involved in a conspiracy or illegal activity related to them, either because they are drugged, incapacitated, had too much alcohol, can't see, or are being held down. There's all sort of different scenarios that can occur when it comes to these sex crime conspiracy cases.
Sometimes, it is tough for the prosecutors to prove these cases because they don't have all the evidence they need.
Fighting Case vs. Negotiating a Plea Bargain
So, if you're charged or a loved one of yours is accused of a sex crime and the prosecutors are alleging a conspiracy, you're going to want to get a sophisticated criminal defense attorney who is familiar with these types of cases – who knows how to defend them, who knows how to strategize them, who knows when the prosecutors have a good case, and they're going to be able to prove it and who knows when a claim is defensible. The defense can prevail at a jury trial.
When you're talking about jury trials and sex conspiracy-related offenses, obviously you want to make sure that if a person is going to go to test that they make the right decision, because if you make the wrong decision in those types of cases, you can end up with a much more severe sentence and a much harsher penalty than you usually could have if you would have worked out a resolution.
That's why having an attorney who knows these types of sex crime conspiracy charges can help you make the right decision from the beginning as to whether to fight the case or try to negotiate a plea bargain is necessary right from the start.
When you meet with your attorney, you set out the guidelines of how you're going to be defended and the best course of action for you, and your specific set of circumstances.