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Understanding Trends

Air Force Sexual Assault Cases Before and After the Office of Special Trial Counsel

Air Force courts-martial charging Article 120 (sexual assault) from 2024 to 2026 produced longer sentences than in 2021–2023: the median confinement was 2.5 years, compared with 2 years, and 97% of convicted enlisted members received a punitive discharge, compared with 90%.

Understanding Trends in Military Practice · 6 min read

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Short answer: Air Force courts-martial charging Article 120 (sexual assault) from 2024 to 2026 produced longer sentences than in 2021–2023: the median confinement was 2.5 years, compared with 2 years, and 97% of convicted enlisted members received a punitive discharge, compared with 90%. The 2024–2026 group has 77 cases, the same count as 2021–2023 over a shorter span.

Based on 77 cases · 2024–2026 · Air Force records · data updated October 24, 2026

Sentences Were Longer After the Change

31 cases from 2024 to 2026 ended in a conviction on at least one charge, and all 31 sentences included confinement (100%). In 2021–2023, 91% of convictions included confinement. The median confinement was 2.5 years, compared with 2 years before.

22 of the 31 convictions (71%) carried more than one year of confinement, compared with 64% in 2021–2023. 8 convictions (26%) carried 5 years or more, compared with 18%. A quarter of the sentences were 5.4 years or longer.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal. They cover every charge in the case, not only Article 120. Only a general court-martial can adjudge more than one year of confinement.

Adjudged confinementConvictionsShare hereShare, 2021–2023
No confinement00%9%
Under 6 months26%12%
6 months to 1 year723%16%
More than 1 year, under 5 years1445%45%
5 years or more826%18%

The Office of Special Trial Counsel

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Article 120 is a covered offense. When every guilty finding in a case is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

Both rules turn on the offense date. The records give trial dates only, so trials just after the change include cases under the old rules and cases under the new ones. A change in the numbers in the same period as a law change does not show that the law caused it.

Before and After at a Glance

The 2021–2023 period had 77 Article 120 cases, about 26 a year. The 2024–2026 period also has 77 so far, about 32 a year counting full years only. By year, there were 34 cases in 2024, 29 in 2025, and 14 in 2026, a partial year.

Small groups change with a few cases either way, so these comparisons show direction more than precise size.

2021–20232024–2026
Cases7777
Contested (of pleas recorded)79%84%
Convictions with confinement91%100%
Median confinement2 years2.5 years
Punitive discharge (enlisted)90%97%
General courts-martial96%91%

Discharges and Dismissals

A punitive discharge followed 97% of enlisted convictions from 2024 to 2026: 7 bad-conduct discharges and 21 dishonorable discharges. In 2021–2023, the share was 90%. A dishonorable discharge can be imposed only by a general court-martial.

2 convicted officers or warrant officers appear in the later period, and both were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Most Accused Pleaded Not Guilty

63 of the 77 records list the plea. 53 were not-guilty or mixed pleas, and 10 were guilty pleas, so contested cases made up 84% of those with a plea recorded. In 2021–2023 the contested share was 79%.

Air Force records rarely list the charges in a case that ends in a full acquittal (about one in six do). An acquittal rate for one offense would undercount acquittals, so this page does not give one.

Who Decided Guilt

A military judge alone decided guilt in 36 of the 77 cases (47%). Members heard 41: 36 enlisted panels and 5 officer panels. Among contested cases, members heard 41 of 53 (77%).

The accused usually chooses the forum. Most judge-alone cases are guilty pleas, so the split mostly follows how many cases were fought.

Other Charges in the Same Cases

35 of the 77 cases charged at least one article besides Article 120. Article 128 (assault) appeared in 14, Article 128b (domestic violence) in 11, Article 134 (general article) in 9, Article 92 (orders violations) in 4, and Article 120b (child sexual abuse) in 4.

Domestic violence is also a covered offense, so cases that pair Article 120 with Article 128b involve 2 covered offenses. The records do not say which charge led to the sentence, because each sentence covers every charge in the case.

Rank, Court Level, and Location

Junior enlisted members (E-1 to E-4) made up 66% of the accused, NCOs 29%, and officers 5%. In 2021–2023, junior enlisted members were 61%.

70 cases were general courts-martial and 7 were special courts-martial. The general share, 91%, was lower than the 96% in 2021–2023.

Aviano AB, Italy had the most cases (6), followed by Nellis AFB, Nevada (4), and JB Pearl Harbor-Hickam, Hawaii, Kunsan AB, South Korea, and JBSA - Lackland, Texas (3 each). Together these 5 installations account for 25% of the 77 cases. Larger installations try more cases of every kind, so a high count alone does not point to a problem at a base.

What the Records Do Not Show

The records do not show offense dates, the evidence, or the plea terms, and Air Force records never report plea agreements. Cases handled by nonjudicial punishment, administrative separation, or no action are not included.

For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

How We Counted

Air Force courts-martial charging Article 120, tried 2021–2023 (77) and 2024–2026 (77).

Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.

Compare: federal court. Sexual Abuse of an Adult: Federal Sentences vs. Air Force Courts-Martial, 2016–2025

About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.

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