Maqqa wrote on Jan 4
th, 2016 at 8:21pm:
tickleandrose wrote on Jan 4
th, 2016 at 4:43pm:
In terms of age of maturity and competency, I will follow the guideline of Gillick competency. And it varies from issue to issue. In this case, clearly, her mental development have not reached a stage when she can see through the lies of ISIS.
The issue here is that she was lied to. She was promised glory and purpose, and ISIS took advantages of her vulnerability. This is a despicable crime against a child. She was lured, raped and then killed. And this is the reason why our law specifically dictate that children cannot consent to have sex with grown men, even if implied consent was given. Yes she had made a mistake, a foolish mistake. But what happened to her was despicable, and I hope one day her perpetrators will be bought to justice.
The only positive out of this, is that lets hope other young girls will heed this warning, and do not follow in her footsteps.
PS> (That is if this story is not fabricated by Western Media to discourage new recruits... but hey, strange world we live in right?)
So how do we tell is someone deliberately fail the Gillick test?
And does that then mean anyone failing it is absolved from any culpability?
Well, first of all, the girl in question was the victim. She was lured to join the ISIS, but in essence, she was never part of IS, except its sex slave and earlier on a tool for propaganda. For all we know, she could be a victim of ISIS factional in fighting as well. But I guess, we will never found out the truth.
As to the question of absolved from culpability, well, we can not be so absolute to be yes or no. In a court, we have to take in to account each individual circumstances and make a fair call. What if, the girl do have a low IQ because of say cerebral palsy, or have intellectual disability. What if she came from a history of abuse, and this is the way for her to escape - or she thought. Many young girls in Australia were lured into drug use, not because they want to have fun, but alot of times to escape from reality of their suffering and to self medicate.