Washington has laws in place that could protect you from criminal liability if you use force (Revised Washington Code, section 9A.16.020). By law, you can legally use force to defend yourself in these situations: a quote from one of the officers seemed to indicate that the police didn`t care about the fight itself. This is because your actions must have been appropriate given the details of the situation to avoid criminal charges. For example, if you shot someone who entered your driveway to return their car, this is almost certainly not considered reasonable (Revised Washington Code, section 9A.16.050). However, if someone pointed a gun at you and threatened to shoot, it would probably be considered reasonable to shoot your gun at them. 1. violation of a person who does not actively participate in the struggle; or 1. Damage to the property of a person who is not actively involved in the struggle. Mutual struggle can simply be defined as a struggle or struggle in which both parties voluntarily enter or in which two people fight on an equal footing. In history, it has been used as a way for two men to settle a dispute if they could not get along civilly.
Mutual struggle is similar to the practice of the duel of arms, which was conducted in public as an attempt by one person to restore the honor of those who had declared the duel. Mutual struggle is an old common law concept that allowed two consensual adults to fight without fear of prosecution. Given that this concept was rooted in duel, it is hardly surprising that it has been diluted in today`s society, where such behaviors and violence are generally discouraged, except in controlled professional environments. Agreeing to consent to an attack left judges struggling with the agreed struggle in everything from contact sports to gang initiation strikes. As a criminal defense lawyer| As lawyers, we find this area of law ripe for arguments. As already mentioned, most states leave the mutual struggle in a kind of gray area. However, Oregon explicitly prohibits it. Mutual battles are only allowed in Oregon if participants participate in a licensed battle. Authorized 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 really injured. Washington law allows for the use of force in certain circumstances. RCW 9A.16.020 describes the circumstances in which a person may lawfully use force.
The legal use of force/self-defense most often occurs in three situations: the policeman is supposed to act as a referee by stopping the fight when an obvious winner has appeared. The police officer must also prevent bystanders from being injured and property from being damaged. This would make the struggle illegal. There is no « duty to withdraw » law in Washington State law. This means that if a person is attacked in an area where they are allowed to stay, they don`t have to try to flee to safety. They can fight back and use the force needed to protect themselves. The reality is that it is very unlikely that mutual struggle in Washington will be legally allowed. 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 highlight the absurdity of such a law in today`s United States. For example, what would happen if a person was fatally injured at the end of the fight? In a true mutual combat situation, this would mean that the party responsible for the death could not be prosecuted there. Who is responsible for confirming that the two participants in the struggle entered the struggle and agreed on an equal footing? Is it acceptable for a man to fight against a woman? How old is it acceptable to be eligible for mutual wrestling? All these questions would have to be answered if such a law existed.
Many people interpret this to mean that it is legal for 2 people to fight in public as long as the fight does not harm 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 report from a few years ago. This happened when a self-proclaimed street superhero, Phoenix Jones, had a confrontation with 3 men because he felt they were harassing people on the Avenue. If someone makes it clear by their words and deeds that they want to fight, this is considered consent according to the law. While state law allows you to use force in certain situations, there are some gray areas when it comes to Washington State`s self-defense laws. Much of the grey area comes down to the word « reasonable. » Also in 2012, Gabriel Aubry and Olivier Martinez clashed and were not charged. [8] In 2014, after Zac Efron was involved in a fight on Skid Row, law enforcement officers made no arrests because they considered it a mutual struggle. [9] Mutual struggle has been used to dismiss claims for damages,[10] as a legal defense,[11] and to drop charges against struggling students. [12] Mutual wrestling is also legal in Texas.
