Sexual Assault at Army Courts-Martial, 2021: The Year in Numbers

Trends › By Offense › Article 120 › Army, 2021

Based on 156 cases · 2021 · Army records · data updated October 24, 2026

Most Cases Were Contested

Sexual assault cases were contested more often than other Army cases. Of 156 cases, 115 were contested, meaning the accused pleaded not guilty to at least one charge, and 41 were guilty pleas. The 74% contested share compares with 36% for all Army cases in 2021.

Plea agreements are recorded for 34 of the 41 guilty pleas, and 7 have no entry. Army records show whether there was an agreement, not what it contained.

Acquittals, Full and Partial

Of the 115 contested cases that reached a verdict, 45 ended in a full acquittal (39%), higher than the 35% across the Army. Another 44 (38%) ended in a partial acquittal, where the accused was found not guilty of at least one charge or specification but guilty of another.

Army results list findings charge by charge, so partial acquittals are common. A partial acquittal still means a conviction and a sentence on the charges that were proved.

Full Acquittals by Members and by Military Judges

The accused usually chooses whether a military judge alone or a panel of members decides guilt. A judge alone decided 78 of 155 cases with the forum listed (50%), and members heard 77: 64 enlisted panels and 13 officer panels. Among contested cases, members heard 76 of 114 (67%).

In the 114 contested cases that reached a verdict with the forum listed, 49% of cases decided by members ended in a full acquittal. For military judges, the rate was 18%. The accused chooses the forum in most cases, so the cases in each group are different. The difference does not show how judges and panels weigh evidence.

Sentences Measured in Years

Confinement was part of 83% of the 111 convictions. The median term was 2 years, compared with 6 months for all Army cases in 2021. A quarter of the terms were 4 years or longer.

More than one year of confinement was given in 57 of 111 convictions (51%), compared with 26% Army-wide. Terms of 5 years or more were given in 17 convictions (15%), compared with 8%. No confinement was given in 19 convictions (17%), about the same as the 19% for the Army.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Most Cases Were General Courts-Martial

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial is limited to one year and cannot impose a dishonorable discharge. Of these cases, 145 were general courts-martial (93%), compared with 73% for all Army cases.

At general courts-martial, 86% of convictions included confinement, and the median was 2 years. At the 11 special courts-martial, 50% of convictions included confinement, and the median was 5 months.

Dishonorable Discharges Were Common

Of 103 convicted enlisted members, 78 received a punitive discharge: 59 dishonorable and 19 bad-conduct. Across all Army cases in 2021, the punitive-discharge share was 70%. Dishonorable discharges, the more severe form, were more common here than bad-conduct discharges.

Of 8 convicted officers or warrant officers, 6 were dismissed. A dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Assault Was the Most Common Other Charge

Article 120 was the only charge in 56 of 156 cases. Article 128 (assault) was also charged in 71, Article 134 (general article) in 26, Article 92 (orders violation) in 25, Article 107 (false official statement) in 13, and Article 80 (attempt) in 10.

The Accused and the Installations

By rank, 101 accused were junior enlisted, 44 were NCOs, and 10 were officers. This group was more junior than all Army cases in 2021.

Fort Hood tried 25 of these cases, Joint Base Lewis-McChord 19, Fort Bragg 15, Fort Drum 10, and Fort Campbell 9. Together they tried 50% of the 156. Larger installations try more cases of every kind, so the counts alone do not show a problem at any one base.

Context and Limits

The services were required to begin publishing trial records under Article 140a by December 2020, and Army records in this data are sparse before 2021.

These records show only cases tried by court-martial. Allegations handled by nonjudicial punishment, administrative separation, or no action do not appear, and neither do offense dates, the evidence, or plea terms.

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.

Compare: federal court. Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial

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.