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]
In 2012, MMA fighter Ben Fodor, in character as Phoenix Jones, engaged in a street fight in Seattle; police officers did not intervene or make arrests afterward.[5] A video of the fight went viral.[6] The Seattle Police Department later defended their officers for not intervening, with a police sergeant being paraphrased as stating "a rarely used city law allows fighting as long as both people agree to it, no bystanders are hurt, and no property is damaged."[3] Seattle Municipal Code 12A.06.025 appears to be the relevant statute.[7]
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 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."
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