We’ve all been there, cruising through traffic on a bright sunny day without a care in the world. Then, out of nowhere, some ass-hat decides to blow right through the stop sign as you're moving through the intersection. He narrowly misses your vehicle but he doesn’t miss a beat in issuing you the provocative middle digit as he speeds on down the highway as if he is Nicholas Cage from Gone in Sixty Seconds. But what can you do? I mean, sure you could follow him until he finally stops. Then what? Are you really going to waste your valuable time just to give a complete stranger a piece of your mind? Unlikely. If only there was a way for us as Americans to hash out these annoying confrontations which normally leave everyone on each side feeling unsatisfied in the outcome.
Well, if you live in Washington state then you might already know a simple solution to the dilemma.
It’s called mutual combat. Mutual Combat is defined as physical force which is pre-agreed upon by those participating. Sounds like a dichotomy of interest right? Well, hear me out, because I am going to attempt to explain to you why America should standardize and implement mutual combat laws into our society.
Currently, the laws that stand regarding mutual combat are in place to justify when and if self-defense is legal. According to Criminal Law 3471, Right to Self Defense: “A person who engages in mutual combat or who is the first person to use physical force has a right to self-defense only if 1. (he/she) actually and in faith tries to stop fighting AND 2. (he/she) indicates by word or by conduct to his or her opponent, in a way that a reasonable person would understand that (he/she) wants to stop fighting.”
Fair enough, for all those reluctant participants at risk of serious harm, this is a pretty good way to be legally protected when you need to lay the smack down on a would-be attacker. However, that is not what we are talking about here. Mutual combat is based on the notion that both participants wish to fight their problem out with neither participant having to fear any legal ramifications afterward. As the old saying goes, “Let’s take this outside."
You may be asking yourself, why do I think something so barbaric should be instated to our laws regarding assault? You may also be wondering what exactly mutual combat laws might look like if practiced in America.
I will start by first explaining my attraction to this concept. I believe that as a country and more so as a race Americans/human beings have become soft. We live in a society covered in bubble wrap. You can have people fired if they say something not nice, colleges have safe spaces, everyone is a victim of either prejudice, microaggressions, or inequality. The internet has given everyone a voice and many have chosen to use that voice to bitch, whine, and spew garbage without any repercussions. In a world where mutual combat is legal and practiced, there would be a repercussion. I submit that the level of people who want to talk the talk but not walk the walk will suddenly diminish when they realize that they’d better be prepared to enforce what they say. I also believe that in a society where you can legally fight so long as it is pre-agreed upon with your opponent would reinvigorate the spirit of tenacity that has been lost in American culture and may even give back that aura of “hardcore” that hasn’t been seen here since 14-year-old boys forged enlistment paperwork to go stack Nazis across the pond, or women like Rosie the Riveter filled the factories to hold the country together. A society where people truly say what they mean and mean what they say could be the end result of mutual combat.
Now here is what that might look like in practice. Imagine two individuals, male or female, having an altercation in the bar. One of them challenges, “Do you want to take this outside?” The other, now realizing the gauntlet has been thrown down, has two choices: refuse and walk away, thus surrendering their position, or agree to the challenge of mutual combat and let their most primal instincts take over. Keep in mind that by this point, whether or not mutual combat is in play or not, the cops are likely on their way thanks to either the bartender or a concerned witness. When our two combatants finally face off out on the cold pavement it will be in the presence of two law enforcement officers. This will be necessary for the legality of mutual combat to stand. The LEO’s will serve as referees and legal witness to the event to ensure that the fight does not extend into deadly force. At any point that the fight gets out of hand, the LEO’s will separate our combatants and then send them on their way. If either of the combatants decides they no longer wish to be a willing participant, then it will be the duty of the LEO’s to end the fight.
As unlikely as mutual combat is to ever take effect across America, it is currently legal in the state of Washington. It is important to note that deaths have occurred during mutual combat matches. For this concept to work, a firm framework would need to be in place to ensure the relative safety of the combatants.
