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]

Notable examples

In 2012, MMA fighter Ben Fodor 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. 1 2 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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