Mutual combat, per Danny Sullivan vs. the US 1988, a term commonly used in
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
courts, occurs when two individuals intentionally and consensually engage in a fair fight,
while not hurting bystanders or damaging property. There have been numerous cases where this concept was successfully used in defense of the accused.
In some cases, mutual combat may nevertheless result in killings.
Notable examples
In 2012, MMA fighter
Phoenix Jones
Phoenix Jones (born Benjamin John Francis Fodor, 1988 in Texas) is an American real-life superhero. Initially wearing a ski mask to intervene in a public assault, Fodor later developed a full costume and adopted "Phoenix Jones" as a pseudonym. ...
hit the headlines for engaging in mutual combat.
A video of the fight went
viral.
The
Seattle Police Department
The Seattle Police Department (SPD) is the principal law enforcement agency of the city of Seattle, Washington, United States, except for the campus of the University of Washington, which is under the responsibility of its own police department ...
later defended their officers for not intervening.
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."
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
Gabriel Aubry (born August 30, 1976)Date of birth formerly given as January 4, 1976. is a Canadian model.
Early life
Born in Montreal, Quebec, to French-Canadian parents, Aubry is one of nine siblings.
Modeling career
He has modeled for Tommy H ...
and
Olivier Martinez
Olivier Martinez (born 12 January 1966)
is a French actor. He became well known after roles in several French films such as '' Un, deux, trois, soleil'' (1993), which garnered him the César Award for "Most Promising Actor", ''The Horseman on t ...
engaged in mutual combat and were not charged.
In 2014, after
Zac Efron
Zachary David Alexander Efron (; born October 18, 1987) is an American actor. He began acting professionally in the early 2000s and rose to prominence in the late 2000s for his leading role as Troy Bolton in the ''High School Musical'' trilo ...
had engaged in a fight in
Skid Row
A skid row or skid road is an impoverished area, typically urban, in English-speaking North America whose inhabitants are mostly poor people " on the skids". This specifically refers to poor or homeless, considered disreputable, downtrodden or fo ...
, law enforcement officials did not make any arrests because they viewed it as mutual combat.
Mutual combat has been used to deny damage claims,
as a legal defense,
and to drop charges against fighting students.
Oregon law
Oregon law
Oregon () is a state in the Pacific Northwest region of the Western United States. The Columbia River delineates much of Oregon's northern boundary with Washington, while the Snake River delineates much of its eastern boundary with Idaho. ...
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
A duel is an arranged engagement in combat between two people, with matched weapons, in accordance with agreed-upon rules.
During the 17th and 18th centuries (and earlier), duels were mostly single combats fought with swords (the rapier and ...
*
Street fighting
Street fighting is hand-to-hand combat in public places, between individuals or groups of people. The venue is usually a public place (e.g. a street) and the fight sometimes results in serious injury or occasionally even death. Some street fig ...
References
External links
Supreme Court of Georgia about manslaughter involving mutual combat Combat
Legal terminology
Street culture
Violence
{{cultural-anthropology-stub