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."
