Mutual combat

Mutual combat, a term commonly used in United States courts, occurs when two individuals intentionally and consensually engage in a fair fight,[1][2] while not hurting bystanders or damaging property. There have been numerous cases where this concept was successfully used in defense of the accused.[3] In some cases, mutual combat may result in killings.[4]

Not to be confused with Combat sport.

Notable examples

In 2012, MMA fighter Phoenix Jones hit the headlines for engaging in mutual combat.[5] A video of the fight went viral.[6] The Seattle Police Department later defended their officers for not intervening.[3] The Seattle Municipal Code 12A.06.025 states that "It is unlawful for any person to intentionally fight with another person in a public place and thereby create a substantial risk of: 1. Injury to a person who is not actively participating in the fight; or 2. Damage to the property of a person who is not actively participating in the fight."[7] Thus since the fight did not injure a third party or damage property nor have a substantial risk to do so, it was allowed by this law.

Also in 2012, Gabriel Aubry and Olivier Martinez engaged in mutual combat and were not charged.[8] In 2014, after Zac Efron had engaged in a fight in Skid Row, law enforcement officials did not make any arrests because they viewed it as mutual combat.[9]

Mutual combat has been used to deny damage claims,[10] as a legal defense,[11] and to drop charges against fighting students.[12]

Oregon law

Oregon law specifically bans mutual combat, according to subsection three of ORS 161.215: "a person is not justified in using physical force upon another person if: the physical force involved is the product of a combat by agreement not specifically authorized by law."

See also

References
  1. Heckman, Candace (April 6, 2001). "Police break up teen boxing match at park". Seattle Post-Intelligencer. Redmond, Washington. Retrieved March 9, 2015.
  2. Martinez, Fidel (November 15, 2012). "Civilian crime fighter knocks out disorderly man". The Daily Dot. Retrieved March 9, 2015.
  3. Shiers, Frank (November 12, 2012). "Seattle police stand by and watch Phoenix Jones fistfight". KIRO-FM/MYNorthwest.com. Bonneville International. Retrieved March 9, 2015.
  4. Dolan, Maura (August 28, 2001). "2 Rulings on Gangs Help, Hurt Prosecutors". Los Angeles Times. Retrieved March 9, 2015.
  5. Schauffler, Allen (November 9, 2012). "'Superhero' Phoenix Jones gets into street brawl as officers watch". KING-TV. Archived from the original on July 19, 2013. Retrieved March 9, 2015.
  6. Raftery, Jillian (November 12, 2012). "Phoenix Jones fist fight video goes viral". KIRO-FM/MYNorthwest.com. Bonneville International. Retrieved March 9, 2015.
  7. "Title 12A" (PDF).
  8. "Gabriel Aubry Drops Restraining Order Against Olivier Martinez". Fox News Latino. December 3, 2012. Retrieved March 9, 2015.
  9. Grossman, Samantha (March 27, 2014). "Zac Efron Got Punched In the Face During a Brawl on Skid Row". Time. Retrieved March 9, 2015.
  10. "Court Denies Pair Damages". Reading Eagle. November 16, 1966. Retrieved March 9, 2015.
  11. Serna, Joseph (February 26, 2015). "Slain Fox exec was in 'mutual combat' with alleged killer, lawyer says". Los Angeles Times. Retrieved March 9, 2015.
  12. Boyer, Barbara (March 3, 2001). "Abraham Drops Charges Against 3 Black Students Charged In A Racial Fight At A Northeast High School, Two Were Victims And One Was Not Involved, She Said". Philly.com. Retrieved March 9, 2015.
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