Also in 2012, Gabriel Aubry and Olivier Martinez fought and were not charged.  In 2014, after Zac Efron was involved in a fight in Skid Row, law enforcement did not make arrests because they considered it a mutual struggle.  Mutual struggle has been used to dismiss claims for damages, as a legal defense, and to drop charges against struggling students.  The law states that two people who feel the need to fight can agree to a mutual struggle through signed or even oral or implied communication and can do so (but only with fists). As long as there is no “serious” bodily harm and both parties know what risk they are risking, mutual struggle is a defence against a criminal or civil lawsuit that can be brought against you. In Texas, the law allows two people to fight. According to Section 22.06 of the Texas Penal Code, a person is engaged in mutual struggle if the contact did not cause or threatens to cause serious bodily harm, or if the alleged victim participated even though he or she knew the risk because of his or her occupation. Washington State is one of only two U.S. states where mutual struggle is completely legal. Most states do not have a specific law on mutual struggle, so consensual struggles remain in a kind of gray area. However, Washington State has a law that legalizes mutual struggle.
Mutual fights become illegal under Texas law if one of the participants is seriously injured. As already mentioned, most states leave mutual struggle in a kind of gray area. Oregon, however, explicitly prohibits it. Mutual fighting is only allowed in Oregon if participants participate in a licensed fight. Licensed fights must be approved by the Oregon Athletic Commission to be legal. This means that amateur “fighting clubs” are completely illegal in the state, even if no one is seriously injured. Many people interpret this to mean that it is legal for 2 people to fight in public as long as the fight does not hurt anyone or the property of a person who is not involved in the fight. However, it seems that many people base this interpretation on a news report from a few years ago.
This happened when a self-proclaimed street superhero, Phoenix Jones, had a confrontation with 3 men over how he thought they were harassing people on the Ave. The Washington State Mutual Struggle Act contains a provision that makes fighting a bit difficult legally: to be legal, a fight must be supervised by a police officer. Most of the time, police officers have something better to do with their time than watching a bunch of guys fight. In 2012, MMA fighter Phoenix Jones made headlines for participating in the mutual struggle.  A video of the fight went viral.  The Seattle Police Department later defended its officers for not intervening.  Seattle Municipal Code 12A.06.025 states that “it is unlawful for any person to intentionally fight with another person in a public place, thereby creating a significant risk of: 1. injury to a person who is not actively participating in the fight; or 2. property damage caused to a person who is not actively participating in the fighting.  Thus, since the fight did not injure any third party or damage property, it was not prohibited by this law. In 2010, in the case of the State of Iowa v. Christopher Spates, Supreme Court Justice Ternus said Iowa only considers the mutual combat law when two combatants agree to the use of lethal weapons, so you can see how differently the law varies from state to state.
A law enforcement officer must be present during the altercation, but there have been notable cases where this has not been the case and courtrooms have enforced this law. The idea is that the policeman is used as a substitute referee and calls the fight as soon as a person is considered the clear winner. Is mutual struggle a good idea? It can be argued that in a civilized society, mutual struggle could be a way to reduce dangerous group fights and other violent incidents on the streets. However, the reality is that our society has evolved beyond mutual struggles and duels. Public order laws now regulate what is now permitted and permitted in our public spaces. Duels and mutual fights are based on an honor system used in the past in the absence of a clearly defined law that could be used to settle disputes. If you are prosecuted for assault, you may be able to claim that you were involved in a mutual fight. This defence may help you win your case or convince the prosecutor to drop the charges against you.
As a defense lawyer| Lawyers, disputes or assaults that dispute with each other give rise to many factual discussions. If you or a loved one is investigated or arrested for assaulting someone in a mutual struggle, it is important that they assert their right to counselling and speak to our defence lawyers| Lawyers before making a statement to a police officer or other officer. The law on mutual struggle and self-defense has many subtleties and consulting with a competent criminal defense lawyer ensures that you have a team of highly qualified third parties involved in the decision-making process. If you or a loved one is in jail, lawyers have the right to visit their clients and have a private conversation with them. Every defender | An honest lawyer will always educate and help their clients avoid prosecution. We have helped a significant number of clients avoid charges by making statements to police after proper review. If you decide to make a statement, we ensure that your testimony and all witness information will be accurately recorded by the investigator by contacting the police directly and remaining involved in the interrogation process. Even if we choose not to report, our office will contact investigators on your behalf, let them know that you are exercising your right to remain silent, and explain to you and your family possible arrest and bail issues.
This is part of the overall process that our court-appointed counsel follow to proactively litigate our clients` cases to the fullest extent of the law. Mutual wrestling is also legal in Texas. As in Washington State, people who want to fight in Texas must do so under the watchful eye of a police officer. Given that Texas law allows people to carry swords in public, it`s hardly surprising that consensual fights are legal. Here you probably don`t have a mutual combat defense. Although your friend specifically agreed to fight, you ended up suffering serious bodily harm. Fighting is also not part of your “profession”, because the fighting club is an amateur business. If, on the other hand, you were part of a boxing league or a mixed martial arts league, you may be able to increase everyone`s fighting defenses, but here you probably can`t. The Mutual Struggle Act passed by Texas is found in Section 22.06 of the Texas Penal Code. This section is titled “Consent to Defend Against Offensive Behavior” and states that the victim`s consent to fight is a defense against law enforcement if: The reality is that mutual struggle is highly unlikely to be actually legal in Washington.
However, this ultimately depends on a judge`s interpretation of the law. The law cited above is vague and there are a number of scenarios that underscore the absurdity of such a law in the United States today. For example, what would happen if a person was fatally injured at the end of the fight? In a real-life two-way situation, this would mean that the party responsible for the death could not be prosecuted. Who is responsible for confirming that the two participants in the fight entered the fight and agreed on an equal footing? Is it acceptable for a man to fight a woman? What age is acceptable to be eligible for mutual struggle? All these questions would have to be answered if such a law existed. In 2012, a video featuring Phoenix went viral when he confronted a racist criminal and a confrontation was staged in front of a local police officer. Mutual struggle can simply be defined as a fight or struggle in which both sides voluntarily enter or in which two people fight on equal terms. In history, it has been used by two men to settle a dispute when they could not reach a civil settlement. Mutual struggle is similar to the practice of the duel of arms, which was conducted in public as an attempt by a person to restore the honor of the one who declared the duel.