Browsing by Author "Jayamaha, S."

Now showing 1 - 2 of 2

Open Access
Applicability of Civil Remedies in Redressing the Victims of Online Harassment
(Faculty of Humanities and Sciences, SLIIT, 2022) Jayamaha, S.; Harasgama, K. S.; Mahingoda, C. B
Online harassment has undoubtedly become a menace that has severe negative impacts on victims and society at large. Owing to its critical nature, jurisdictions around the world have utilized different branches of law such as criminal law, tort law and intellectual property law to redress the victims of online harassment, as well as to penalize its perpetrators. This paper attempts to analyse whether actio inuriarum under the law of delict could be employed as a corrective justice mechanism to provide redress to victims of online harassment, considering the severe emotional distress they undergo due to harm caused to their dignity, reputation and privacy. The paper adopts the view that actio injuriarum provides an effective remedy to plaintiffs for impairment of dignity, person and reputation, caused by insult. Thereby, it analyses how actio injuriarum could be utilized as a general remedy for sentimental damages suffered by the victims of online harassment. It concludes with the finding that the principles and elements of actio injuriarum are broad enough to redress the victims of online harassment.
Open Access
Consent in Sexual Offences: A Comparative Analysis of UK and Sri Lankan Law
(School of Law, Faculty of Humanities and Sciences, 2025-10-10) Harasgama, K; Jayamaha, S.; Mahingoda, C. B
Consent is a vital element in sexual offences, acting as a crucial determinant in differentiating consensual sexual activities from illegal acts. This condition emphasises that sexual activities must entail voluntary, informed consent, so aligning with broader human rights standards of personal autonomy and the ability to make uncoerced choices. The study endeavours to provide a comparative examination of the legal framework concerning 'consent' in the UK and Sri Lanka, while critically assessing the strength of the current laws. Sexual Offences Act of 2003 in the UK employs a nuanced approach, whereas Sections 363 and 364 of the Penal Code of Sri Lanka are restricted in scope. The study reveals that UK and Sri Lankan legislation possess core similarities regarding 'consent' in sexual offences, however they diverge considerably in their different scopes. The paper examines the vitiating factors of 'consent' in detail, identifying capacity to consent, intoxication, regulations concerning minors and vulnerable individuals, such as those with mental disorders, and instances of deception as recognised by law as undermining the element of 'consent' and impacting the Defendant's culpability, despite variations in the scope addressed by different legal statutes. While the Penal Code has several useful provisions, Sri Lankan law comparably has weaker statutory safeguards and problematic exclusions. The paper concludes by suggesting that Sri Lanka needs comprehensive changes that prioritise continuous consent, establish presumptions, and recognise incapacitating situations like unconsciousness and intoxication to minimise these gaps.