Mutual combat

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

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, it was not disallowed 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]

See also

References

  1. Heckman, Candace (6 April 2001). "Police break up teen boxing match at park". Seattle Post-Intelligencer. Redmond, Washington. Retrieved 9 March 2015.
  2. Martinez, Fidel (15 November 2012). "Civilian crime fighter knocks out disorderly man". The Daily Dot. Retrieved 9 March 2015.
  3. Shiers, Frank (12 November 2012). "Seattle police stand by and watch Phoenix Jones fistfight". KIRO-FM/MYNorthwest.com. Bonneville International. Retrieved 9 March 2015.
  4. Dolan, Maura (28 August 2001). "2 Rulings on Gangs Help, Hurt Prosecutors". Los Angeles Times. Retrieved 9 March 2015.
  5. Schauffler, Allen (9 November 2012). "'Superhero' Phoenix Jones gets into street brawl as officers watch". KING-TV. Archived from the original on 19 July 2013. Retrieved 9 March 2015.
  6. Raftery, Jillian (12 November 2012). "Phoenix Jones fist fight video goes viral". KIRO-FM/MYNorthwest.com. Bonneville International. Retrieved 9 March 2015.
  7. "Title 12A" (PDF).
  8. "Gabriel Aubry Drops Restraining Order Against Olivier Martinez". Fox News Latino. 3 December 2012. Retrieved 9 March 2015.
  9. Grossman, Samantha (27 March 2014). "Zac Efron Got Punched In the Face During a Brawl on Skid Row". Time. Retrieved 9 March 2015.
  10. "Court Denies Pair Damages". Reading Eagle. 16 November 1966. Retrieved 9 March 2015.
  11. Serna, Joseph (26 February 2015). "Slain Fox exec was in 'mutual combat' with alleged killer, lawyer says". Los Angeles Times. Retrieved 9 March 2015.
  12. Boyer, Barbara (3 March 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 9 March 2015.


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