I think the issue is that the default 'fail' shouldn't always just be 'deathmatch'. This occurred in D:OS as well, like if you accidentally stepped foot into someone's bedroom or something while they were watching, they'd immediately choose to bring you to 'summary justice' with bare fists vs. your swords and axes and whatever else. If a poor woman is getting something stolen from her, she can either call the guards, or get the hell away, fight shouldn't really be an option unless she's like some kind of ultra-witch who can take care of herself.
