Nah, they are only taking her freedom. You are the one stripping her of her agency. You’re taking away even the possibility of consequences. You’re treating her as an infant, or as the legally insane, incapable of distinguishing between right and wrong, and thus necessitating protection from ever having to decide between the two.
Until you address the actual circumstances of her incarceration, we can make no determination as to whether she is a victim. Until we can evaluate her role, we cannot determine whether she is perpetrator of crime or victim of injustice.