The Silent Conspiracy: The Dark Art of Withholding Evidence, Hidden Tactics Silencing Victims of Violence, Shielding the Guilty, & Burying the Truth

A Detailed Report on Conspiring Against Victims; Exploring the Legal, Moral & Ethical Implications Thereof

(December 9, 2024) Author: Georgina L. Chojnacki®, aka Niimi’ Makoons™

No crime is victimless, however, crimes of violence are a deeply traumatic experience for those of us who are victims of violence, one of the most serious violations of our personal safety, autonomy, and dignity, a violation that impacts the rest of our lives.

When individuals or groups conspire to conceal and/or suppress evidence that could potentially exonerate us as an innocent person or bring justice to us as a victim, the situation escalates from a mere failure to act -to an illegal and unethical conspiracy against justice in addition to the further endangerment of a vulnerable victim.

As a collective society we should all understand the legal consequences of conspiring against victims of violence including conspiring to conceal and/or suppress exculpatory evidence, the responsibilities of witnesses to report such crimes, the moral and ethical obligations to ensure justice for the vulnerable, and the need for accountability for those that conspire to allow the wrongful oppression of another human being to continue.

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Definitions:

What is a “Conspiracy”?:

A conspiracy is defined as an agreement (usually a secret agreement) between two or more individuals to commit an unlawful act or to achieve a lawful goal by unlawful means. Conspiracy involves an intentional act of collaboration in which participants agree to commit a crime or prevent justice from being served. For the crime of conspiring against a victim, this typically involves agreeing to conceal evidence, suppress knowledge, hide facts, impede investigations, and/or obstruct justice.

What is “Exculpatory Evidence”?:

Exculpatory evidence refers to any information or material that could potentially exonerate an accused individual and/or demonstrate their innocence. This evidence can include physical evidence, witness testimony, or other forms of proof that suggests, supports or demonstrates the victims testimony as truth or the innocence of an accused person.

What are “Witness Responsibilities”?:

Witnesses to a crime, or individuals with knowledge of a crime, are legally required to report information that could assist in the pursuit of justice, witness responsibilities are moral as well as legal obligations to-do-the-right-thing and to not cover up for predators. Failing to report or concealing evidence/knowledge that could exonerate an innocent person or free a victim from violence is considered a criminal act.

What does “Concealment of Evidence” mean?:

Concealing evidence refers to the act of intentionally hiding, destroying, or failing to disclose evidence that could potentially prove the innocence of a defendant or support a victim’s claims in our pursuit of safety and/or justice. Concealing exculpatory evidence can significantly hinder investigations and impair the ability of the judicial system so it is important witnesses violating crime victims in this way be held accountable and face repercussions for such indecent acts against the vulnerable.

What are the Legal Ramifications of Conspiring Against a Crime Victim???
Concealing evidence in relation to a crime victim’s case—whether it’s evidence that could exonerate the accused or evidence that could substantiate the victim’s account of the crime(s)—is a very serious offense classified as an obstruction of justice and/or an "accessory-after-the-fact", both of which carry significant penalties.

Obstructing Justice involves any actions that intentionally impede, delay, or prevent the administration of justice. This can include concealing or suppressing evidence, lying to authorities, or influencing witnesses to alter their testimony. It can be charged as a felony depending on the jurisdiction, and penalties can range from several years in prison to hefty fines.

An Accessory is anyone who helps a criminal after the crime has been committed, usually by assisting in concealing evidence, suppressing facts or helping the perpetrator avoid capture by obstructing the victim’s ability to file a report at all; accessory-after-the-fact is a very serious crime.

Witness Responsibilities to Report Exculpatory Evidence and/or Knowledge:
A witness who has knowledge and/or exculpatory evidence is expected to disclose that information to law enforcement authorities. Failure to do so can result in criminal liability for the witness who fails their responsibility to report exculpatory evidence.

The legal duty to report is especially critical in the case of violence victims, as any failure to report evidence that could support the victim’s case or exonerate an innocent person prevents justice from being served, furthermore failure to report is endangerment of another human being, as it leaves the victim vulnerable, unprotected and even more at risk for further violence.

Failure to Report: Witnesses who have exculpatory knowledge but fail to report it can be charged with obstruction of justice or even perjury, depending on the nature of their involvement. Anyone who deliberately withholds exculpatory evidence to prevent a fair trial or obstruct the vulnerable person’s right to justice and/or protection can and should face stern legal repercussions.

Duty of Disclosure: Individuals are legally obligated to provide any exculpatory evidence or knowledge they may have. This could include anything that may be pertinent evidence or knowledge that could exonerate the accused or evidence that could substantiate the victim’s account of the crime(s).

Conspiracy to Conceal Evidence: When two or more people conspire to conceal exculpatory evidence or interfere with the investigation of a victim’s case, they may face additional charges. Conspiracy charges are particularly serious because they involve collaboration and a concerted effort to thwart justice. Depending on the jurisdiction, conspiracy charges can carry sentences as severe as the crime being covered up; “In for a penny, in for a pound”.

Penalties for Conspiracy: Those who conspire to obstruct justice or conceal evidence/knowledge can face lengthy prison sentences, especially if their actions are deemed to have significantly impacted the outcome of the case or how it has impacted the victim’s ability to seek protection and/or justice. Conspiracy charges can, and often do, escalate the legal penalties for all involved parties.

Number of People Involved in a Conspiracy: In legal terms, a conspiracy can exist as long as there are two or more individuals involved. Even if a small group conspires to conceal evidence, they are all liable for the criminal actions that result. The more people involved in the conspiracy, the higher the potential penalties, as they show a greater degree of coordination and intent to obstruct justice.

What are the Legal Repercussions for Concealing the Truth:

Imprisonment for Concealing Evidence
In some cases, individuals who conspired to conceal evidence or obstruct justice in a rape case have faced lengthy prison sentences. For example, in one case, a group of friends who helped a perpetrator of a violent rape hide the victim’s clothing and prevented police from finding critical evidence were sentenced to substantial prison terms, with some serving up to 10 years for their involvement.

Civil and Criminal Liability for Failure to Act
Beyond criminal charges, those who fail to act when they possess exculpatory evidence can also face civil lawsuits. In some cases, individuals who were directly involved in covering up or hiding evidence have been held liable for the emotional and psychological harm caused to the victim. Civil suits allow for damages to be awarded to victims who were denied justice due to the actions of conspirators.

Murder Charges for Conspiracy to Cover Up?
Yes! There have been cases where a conspiracy to cover up violence against victims has escalated to involve the commission of other crimes, such as attempted murder, homicide, etc. In one infamous case, a group of individuals who helped a rapist avoid capture, ended up committing homicide when they killed a witness who could have exonerated an innocent suspect. The conspirators in this case faced life sentences for both conspiracy and murder.

Moral and Ethical Obligations

From a moral and ethical standpoint, individuals have an undeniable duty to stand against injustices, particularly those committed against vulnerable victims. As Rape/violence victims we are already suffering the profound effects of our trauma and should not have to contend with further betrayal from those around us -whether it’s in the form of failing to report crime or actively conspiring to obstruct justice by hiding evidence and choosing to stay silent. To debate our moral and ethical obligations to report crimes against victims is to debate if the victim is worthy of basic human rights, afterall, victims’ rights are human rights.

Obligations to the Victim
By concealing evidence or refusing to report crimes, conspirators place additional burdens on us as rape and crime victims. They extend the victim’s perpetual suffering by denying us the freedom, protection and the safety of justice we deserve. Each individual has an ethical responsibility to ensure that crimes of such magnitude are reported and that the truth is brought to light, regardless of personal interests or affiliations with the accused.

Empathy for the Vulnerable
The moral duty to protect the vulnerable, especially in cases involving rape or violence victims, is paramount. As victims of violence we often face significant social stigma and trauma, denying us equal access to justice only amplifies our suffering. The obligation to support victims in their pursuit of justice extends beyond legal duty; it is a moral imperative to help break the cycle of harm and ensure perpetrators face the consequences of their actions when they harm the innocent or target the vulnerable.

Conclusion: Victims Deserve Better

Conspiring against a victim by concealing exculpatory evidence is a grave offense, both legally and ethically. The criminal repercussions of such conspiracies are severe, involving penalties that include prison time, financial penalties, and civil liability. More importantly, the moral obligation to report exculpatory evidence is rooted in empathy for the victim and the pursuit of justice.

As a society, we must strive to ensure that all individuals, especially the most vulnerable, have access to justice. Those who have knowledge of a crime, or evidence that can exonerate the innocent, or provide justice for the victims, must fulfill their responsibility to report it, not only to prevent criminal liability but to uphold the moral fabric of justice itself. Furthermore, those willing to turn a blind eye to the suffering of others by entertaining criminal activity so that they may conspire against the vulnerable must be held accountable!