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Understanding Trends

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

Army courts-martial charging Article 120 (sexual assault) were fewer from 2024 to 2026, about 58 a year compared with about 125 a year in 2021–2023. Full acquittals in decided contested cases were more common, 51% (48 of 94) compared with 42%.

Understanding Trends in Military Practice · 6 min read

Trends › Law Changes › Army Sexual Assault Cases Before and Aft

Short answer: Army courts-martial charging Article 120 (sexual assault) were fewer from 2024 to 2026, about 58 a year compared with about 125 a year in 2021–2023. Full acquittals in decided contested cases were more common, 51% (48 of 94) compared with 42%. Sentences were also heavier: the median confinement was 2.1 years, compared with 1.8 years, and 90% of convicted enlisted members received a punitive discharge, compared with 80%.

Based on 136 cases · 2024–2026 · Army records · data updated October 24, 2026

Fewer Cases per Year

The records hold 136 Army Article 120 cases tried from January 2024 to September 2026: 69 in 2024, 46 in 2025, and 21 in 2026, a partial year. In 2021–2023 there were 376, about 125 a year. Counting full years only, the later period averaged about 58 a year.

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, and Article 120 is one of them. The rule applies by offense date, and the records give only trial dates, so trials just after the change include cases under both systems. A change in the numbers in the same period as a law change does not show that the law caused it.

2021–20232024–2026
Cases376136
Contested (of pleas recorded)71%69%
Full acquittals (decided contested)113 of 26748 of 94
Convictions with confinement86%94%
Median confinement1.8 years2.1 years
Punitive discharge (enlisted)80%90%
General courts-martial95%97%

Full Acquittals Were More Common

A contested case has a not-guilty or mixed plea. Of 94 contested cases that reached a verdict from 2024 to 2026, 48 ended not guilty on every charge (51%). In 2021–2023, 113 of 267 did (42%).

Another 34 of the 94 were partial acquittals, meaning not guilty of at least one charge or specification and guilty of another. Army results list findings charge by charge, which is why partial acquittals are common in Army records.

Members and Military Judges

85 decided contested cases have the forum listed. Members returned a full acquittal in 29 of 56 (52%). Military judges alone did so in 10 of 29 (34%). The accused usually chooses the forum, so these groups are not alike.

Across all 136 cases, a military judge alone decided 71, enlisted panels 42, and officer panels 14. Members heard 44% of cases, compared with 48% in 2021–2023. Among contested cases, members heard 56 of 85 (66%).

Longer Confinement

88 cases ended in a conviction, and 83 of those sentences included confinement. The share with confinement was 94%, compared with 86% before. The median confinement was 2.1 years, compared with 1.8 years. A quarter of the sentences were 5 years or longer, and 1 was a life sentence.

57 of the 88 convictions (65%) carried more than one year, compared with 53% in 2021–2023. 22 (25%) carried 5 years or more, compared with 16%. 5 convictions (6%) carried no confinement, compared with 14%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and they cover every charge in the case.

Adjudged confinementConvictionsShare hereShare, 2021–2023
No confinement56%14%
Under 6 months1214%19%
6 months to 1 year1416%14%
More than 1 year, under 5 years3540%37%
5 years or more2225%16%

Punitive Discharges and Dismissals

A punitive discharge followed 90% of enlisted convictions in 2024–2026: 26 bad-conduct and 44 dishonorable discharges. In 2021–2023 the share was 80%. 10 convicted officers or warrant officers appear, and 8 were dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

A More Senior Group of Accused

Junior enlisted members (E-1 to E-4) were 45% of the accused from 2024 to 2026, compared with 62% in 2021–2023. NCOs were 43%, and officers were 12%.

Nearly all cases were general courts-martial, 132 of 136 (97%), compared with 95% before. A general court-martial can impose long confinement and a dishonorable discharge.

The records show the change in rank mix in the same period as the change in who decides to prosecute. They cannot show whether one is connected to the other.

Pleas and Plea Agreements

There were 42 guilty pleas and 94 contested cases. The contested share was 69%, compared with 71% in 2021–2023. All 42 guilty pleas are recorded with a plea agreement. Army records say whether there was an agreement, not what it said.

The verdict figures on this page come only from the 94 contested cases. The 42 guilty-plea cases are left out of those figures. Sentences from every conviction, pleaded or contested, are part of the confinement and discharge figures.

Charges Filed Alongside Article 120

78 of the 136 cases charged at least one other article. Article 128 (assault) appeared in 42, Article 128b (domestic violence) in 20, Article 134 (general article) in 15, Article 131b (obstruction) in 11, and Article 120c (indecent recording and exposure) in 9.

Fort Bragg had the most cases (17), followed by Joint Base Lewis-McChord (16), Fort Hood (12), Fort Campbell (10), and Fort Carson (10). Together they account for 48% of the 136 cases. Larger installations try more cases of every kind.

Limits of These Records

Only cases that reached a courtroom appear. Cases resolved by nonjudicial punishment, administrative separation, or no action are not in the records, and the evidence and plea terms are not described. The records also do not give offense dates.

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

Army courts-martial charging Article 120, tried 2021–2023 (376) and 2024–2026 (136).

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. 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.

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