Fighting an Army Sexual Assault Charge: How Contested Cases Ended

Trends › By Offense › Article 120 › Fighting a Army Sexual Assault Charge: H

Based on 347 cases · 2021–2025 · Army records · data updated October 24, 2026

Full Acquittals in 45% of Contested Cases

Sexual assault is the largest contested offense group in Army court-martial records, with 347 cases from January 2021 through December 2025. Each is contested, meaning the accused pleaded not guilty to at least one charge. There were 0 guilty pleas.

Of those 347, 156 ended in a full acquittal, meaning not guilty on every charge. That 45% rate is higher than the 38% across all contested Army cases in the same years. Another 146 ended in a partial acquittal: the accused was acquitted of at least one charge or specification but convicted of another. Army results list findings charge by charge, so partial acquittals are common in Army data.

Full Acquittals by Panels and by Military Judges

Of contested cases decided by panels of members, 112 of 222 ended in a full acquittal (50%). Of those decided by military judges alone, 34 of 115 did (30%). Together these are the 337 contested cases that reached a verdict with the forum listed.

Members heard 66% of those cases: 187 enlisted panels and 35 officer panels. The accused usually decides whether a judge or a panel will decide guilt, so the cases each one heard are different in ways the records do not show. The difference describes results, not how each would decide an identical case.

Long Sentences Were More Common

Of 191 convictions, 159 included confinement, and the median term was 2.5 years, compared with 1.5 years across all contested Army cases. The records list 1 life sentence among them.

Terms longer than one year were given in 116 of 191 convictions (61%), higher than the 44% Army-wide. Terms between 1 and 5 years were given in 40% of convictions, compared with 28% in the comparison group. Terms of 5 years or more were given in 20%, compared with 15%. No confinement was given in 17%, compared with 25%. All of these are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Most Convicted Enlisted Members Received a Punitive Discharge

Among 170 convicted enlisted members, 137 received a bad-conduct or dishonorable discharge (81%), more often than the 64% across contested Army cases. Of those 137, 114 were dishonorable, the more severe form.

Of 21 convicted officers or warrant officers, 16 were dismissed, the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Nearly All General Courts-Martial

General courts-martial tried 335 of these cases and special courts-martial 12. General courts-martial were 97% of these cases, compared with 85% across contested Army cases. A general court-martial can adjudge any lawful sentence. A special court-martial is limited to one year of confinement and cannot impose a dishonorable discharge.

The median confinement was 2.5 years at general courts-martial and 4 months at special courts-martial.

Other Charges in the Same Case

Article 120 was charged by itself in 115 of the 347 cases. Article 128 (assault) was the most common other charge, in 135. Article 134 (general article) appeared in 53, Article 92 (orders violation) in 45, Article 128b (domestic violence) in 30, and Article 80 (attempt) in 25.

Since a sentence covers every charge in a case, the confinement and discharge figures on this page describe whole cases, not the sexual assault charge alone.

Who Was Tried, Where, and When

Junior enlisted members (E-1 to E-4) made up 54% of the accused, compared with 44% across contested Army cases. NCOs were 36% and officers 10%.

The yearly count fell each year: 115 in 2021, 89 in 2022, 63 in 2023, 50 in 2024, and 30 in 2025. The records cannot show why. Fort Hood (44), Fort Bragg (43), Joint Base Lewis-McChord (30), Camp Humphreys (23), and Wheeler Army Airfield (21) together tried 46% of the cases. Larger installations try more cases of every kind.

A Covered Offense Under the New System

Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute such charges. For offenses after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both changes depend on the offense date, and these records give only trial dates. Trials from 2024 on include cases under the old and new rules. The decline in cases happened in the same years, and the records cannot show whether one caused the other.

Allegations handled through nonjudicial punishment, administrative separation, or no action do not appear here. The records also omit the evidence and any 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.