Encryption is not a crime, encryption protects all of us. Encryption, and especially end-to-end encryption, is an essential tool to protect everyone online. Attempts to undermine encryption are an attack to our fundamental right to privacy and an attack to our inherent right to security and safety.
Not sure I understand how you are reading the article. That’s like saying having a steak knife in your home is a factor in proving elements of a crime. Tools are completely neutral parties that are unrelated to prosecution, and encryption should be no different.