Social:Mutual combat

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Short description: Legal term in the United States

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

  • Duel

References

  1. Heckman, Candace (April 6, 2001). "Police break up teen boxing match at park". Seattle Post-Intelligencer (Redmond, Washington). http://www.seattlepi.com/local/article/Police-break-up-teen-boxing-match-at-park-1051435.php. 
  2. Martinez, Fidel (November 15, 2012). "Civilian crime fighter knocks out disorderly man". The Daily Dot. http://www.dailydot.com/news/phoenix-jones-fight-video/. 
  3. 3.0 3.1 Shiers, Frank (November 12, 2012). "Seattle police stand by and watch Phoenix Jones fistfight". KIRO-FM/MYNorthwest.com (Bonneville International). http://mynorthwest.com/11/2126414/Seattle-police-stand-by-and-watch-Phoenix-Jones-fistfight. 
  4. Dolan, Maura (August 28, 2001). "2 Rulings on Gangs Help, Hurt Prosecutors". Los Angeles Times. http://articles.latimes.com/2001/aug/28/local/me-39227. 
  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. https://web.archive.org/web/20130719101110/http://www.king5.com/news/cities/seattle/Self-proclaimed-crime-fighter-Phoenix-Jones-gets-into-street-brawl--178243281.html. 
  6. Raftery, Jillian (November 12, 2012). "Phoenix Jones fist fight video goes viral". KIRO-FM/MYNorthwest.com (Bonneville International). http://mynorthwest.com/76/2126651/Phoenix-Jones-fist-fight-video-goes-viral. 
  7. "Title 12A". http://clerk.seattle.gov/public/archives/historicsmc/2009/2009SMC_T012A%20-%20Title%2012A%20%20CRIMINAL%20CODE.pdf. 
  8. "Gabriel Aubry Drops Restraining Order Against Olivier Martinez". Fox News Latino. December 3, 2012. http://latino.foxnews.com/latino/entertainment/2012/12/03/gabriel-aubry-drops-restraining-order-against-olivier-martinez/. 
  9. Grossman, Samantha (March 27, 2014). "Zac Efron Got Punched In the Face During a Brawl on Skid Row". Time (magazine). http://time.com/40129/zac-efron-punched-in-face/. 
  10. "Court Denies Pair Damages". Reading Eagle. November 16, 1966. https://news.google.com/newspapers?nid=1955&dat=19661116&id=ci0rAAAAIBAJ&sjid=A5gFAAAAIBAJ&pg=6670,682072. 
  11. Serna, Joseph (February 26, 2015). "Slain Fox exec was in 'mutual combat' with alleged killer, lawyer says". Los Angeles Times. http://www.latimes.com/local/lanow/la-me-ln-slain-fox-executive-fight-creech-20150226-story.html. 
  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. http://articles.philly.com/2001-03-03/news/25327239_1_white-students-racial-slurs-black-students. 

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