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Understanding Trends

Contested Army Article 120 Cases Decided by a Military Judge Alone

In 115 contested Army Article 120 (sexual assault) cases from 2021–2025 where a military judge alone decided guilt, 34 ended in a full acquittal (30%). That is lower than the 45% rate in all contested Army Article 120 cases.

Understanding Trends in Military Practice · 6 min read

Trends › By Offense › Article 120 › Decided by judge-alone

Short answer: In 115 contested Army Article 120 (sexual assault) cases from 2021–2025 where a military judge alone decided guilt, 34 ended in a full acquittal (30%). That is lower than the 45% rate in all contested Army Article 120 cases. Among convicted enlisted members, 86% received a punitive discharge, compared with 81% in all contested Army Article 120 cases.

Based on 115 cases · 2021–2025 · Army records · data updated October 24, 2026

Fewer Full Acquittals Than the Army Rate

All 115 cases were contested, meaning the accused pleaded not guilty to at least one charge. None of the accused pleaded guilty. A military judge alone heard every case, with no panel of members.

Of the 115 contested cases that reached a verdict, 34 ended in a full acquittal (30%). In all contested Army Article 120 cases, the rate was 45%. Another 58 cases ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another. Army results list findings charge by charge, which is why partial acquittals are common in Army records.

What the Forum Comparison Can and Cannot Show

The accused usually chooses whether a military judge alone or a panel of members decides guilt. Members heard 66% of all contested Army Article 120 cases, so the cases on this page are the smaller group.

Because the accused makes the choice, cases tried each way are not alike. The lower acquittal rate here describes what happened in judge-alone trials. The records cannot show whether the forum itself had any effect on the result.

More Sentences Longer Than a Year

81 cases ended in a conviction on at least one charge. Of those, 56 included more than one year of confinement (69%), compared with 61% in all contested Army Article 120 cases. Sentences of more than 1 year and under 5 years were the largest band, at 53% of convictions, compared with 40%.

The longest band went the other way. Sentences of 5 years or more made up 16% of convictions here, compared with 20%. No confinement followed 10 convictions (12%), compared with 17%. Only a general court-martial can adjudge more than one year of confinement.

Adjudged confinementConvictionsShare hereShare, all contested Army Article 120 cases
No confinement1012%17%
Under 6 months911%13%
6 months to 1 year67%9%
More than 1 year, under 5 years4353%40%
5 years or more1316%20%

The Median Sentence

71 of the 81 sentences included confinement (88%). The median confinement was 2.3 years, shorter than the 2.5-year median in all contested Army Article 120 cases. A quarter of those sentences were 3.8 years or longer, and 1 was a life sentence.

These are adjudged sentences, as announced at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not the Article 120 charge alone.

Punitive Discharges After Conviction

Among 77 enlisted members convicted, 66 received a bad-conduct or dishonorable discharge (86%). That is more often than in all contested Army Article 120 cases (81%). 55 of the 66 were dishonorable discharges, the most severe type, which only a general court-martial can impose.

4 convicted officers or warrant officers appear here, and 2 were dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Other Charges in the Same Cases

Article 120 was the only charge in 37 of the 115 cases. The rest paired it with at least one other charge. Article 128 (assault) was the most common, in 38 cases. Article 92 (orders violation) and Article 134 (the general article) each appeared in 19, and Article 131b (obstruction) and Article 107 (false official statement) each appeared in 10.

Rank, Court Level, and Location

The accused included 67 junior enlisted members, 40 NCOs, and 8 officers. The group is more junior than all contested Army Article 120 cases. 110 cases were general courts-martial and 5 were special courts-martial. The general share, 96%, compares with 97% in all contested Army Article 120 cases.

Fort Hood had the most cases, with 20, followed by Fort Bragg with 12, Camp Humphreys and Fort Drum with 10 each, and Fort Campbell with 8. Those five installations account for 52% of the 115 cases. Larger installations try more cases of every kind, so a high count is not a measure of the offense rate at any base.

By trial year, there were 38 cases in 2021, 33 in 2022, 19 in 2023, 22 in 2024, and 3 in 2025, through October 2025.

Changes to Prosecution and Sentencing

Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether covered offenses are prosecuted. 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. These records give only trial dates, so trials from 2024 on include cases under old and new rules, and the data cannot show whether either change affected outcomes.

Limits of the Records

The records cover cases that reached a court-martial. Allegations handled through nonjudicial punishment, administrative separation, or no action are not included. The records do not describe the evidence or explain why the accused chose a military judge alone.

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 with trial dates in 2021–2025 that charged Article 120, had a not-guilty or mixed plea and a result posted, and record a military judge alone as deciding guilt (115 cases), compared with all 347 such contested Army Article 120 cases. The accused usually chooses the forum, so the two groups are not alike.

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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