Not quite, consider that a social media message to determine a place and time to have sex is admissible evidence. While the court has no real way of telling if they actually had sex it will be considered as if it really happened. While you won't find on your favorite search engine divorce and conspiracy to cheat all in one, the same logic of the conspiracy applies. Otherwise you would only have grounds for divorce with a video of the act. While it is the best evidence to put forward it is not the only one.
Returning to the VN, the testimony of the attendants would be enough (I saw them grinding and went upstairs to have sex). It is not important if after that they actually have sex. Remember that most times such arguments are made after any evidence like semen can be retrieved so the case is decided by what you consider non existent evidence. When Ava agrees to go upstairs she herself gives all the evidence and that can be chronicled by the party attendants. So we have to do the mental exercise, because going by the dev's posts and what we see in the VN we can't be certain if there was sex, of considering how much guilt each party has. If at the end of the day she ends up being innocent it does not matter because there is no trust left. That is the rationale of someone that arrives home to find their partner naked just before the act. Imagine that the MC arrived to see the scene where Ava takes Bryce's hand and the are going upstairs. There would not be more to discuss after that. But because he didn't we as any court of law have to make a judgement with bits and pieces.
"You have to have grounds of a conspiracy beyond "I think one exists""
That is the fucked up part mate and actually a lot to think about. The authorities need just hear you say in an anger moment to your friend that you both should harm someone and boom you are now hoping that person out lives you. One person is ok but now say you are planning of blowing an important target and it does not matter what your defense is:
You must be registered to see the links
"otherwise any crazy conspiracy would have to be seen as true unless otherwise disproven - which is not how the law works."
Remember that you as defendant have rights but also the accuser has them, so they have to be disproven.
You must be registered to see the links
[Edit] You need surprisingly little to take a crazy conspiracy to court and win. What a conspiracy is, is to far reaching. I too think it is fucked up.
That is what we have been arguing since the beginning, you have to be mindful of everything you do or you might get in trouble and a defense of ignorance is not valid, that is why you should not go though life merely reacting to the social ques of the situation.
In a perfect world where we were able to see back in time we would not need courts and judges.