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William & Mary Law School

William & Mary Journal of Race, Gender, and Social Justice

2018

Torts

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Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle Mar 2018

Into The Gray Zone: Examining Mutual Combat As A Defense To Domestic Assault, Kristi A. Breyfogle

William & Mary Journal of Race, Gender, and Social Justice

For offenses committed under Virginia’s assault and battery against a household or family member statute, the State should prosecute and punish in cases where both parties committed an assault and battery. Punishment, however, should consist of mainly individualized counseling or some other mitigated punishment for cases of mutual fighting.