What Happens to Army Junior Enlisted (E-1 to E-4) Facing Sexual Assault Charges?
From 2021 through 2025, the Army tried 280 courts-martial charging junior enlisted soldiers (E-1 to E-4) with sexual assault under Article 120. Of these cases, 66% were contested, compared with 71% across all Army Article 120 cases.
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Short answer: From 2021 through 2025, the Army tried 280 courts-martial charging junior enlisted soldiers (E-1 to E-4) with sexual assault under Article 120. Of these cases, 66% were contested, compared with 71% across all Army Article 120 cases. Of contested cases that reached a verdict, 45% ended in a full acquittal. Among those convicted, 85% received a punitive discharge, compared with 81% service-wide.
Full Acquittals in Contested Cases
Of 186 contested cases that reached a verdict, 84 ended in a full acquittal, meaning not guilty of every charge (45%). That is the same as the 45% across all Army Article 120 cases.
Another 79 (42%) ended in a partial acquittal, meaning 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 in Army data.
Panels Acquitted More Often Than Judges
Full-acquittal rates were different by forum. Of contested cases decided by members, 53% ended in a full acquittal (61 of 116). Of contested cases decided by a military judge alone, 30% did (20 of 67). These counts cover the 183 contested cases that reached a verdict with the forum listed.
The accused usually chooses whether a judge or a panel decides guilt, and the records do not show why. Members heard 116 of the 183 contested cases (63%). Across all 277 cases with the forum listed, a judge alone decided 159 (57%), and members heard 118: 113 enlisted panels and 5 officer panels.
Pleas and Plea Agreements
Of the 280 accused, 186 entered a not-guilty or mixed plea and 94 pleaded guilty. The 66% contested share is lower than the 71% for all Army Article 120 cases.
Of the 94 guilty pleas, 85 are recorded with a plea agreement and 9 have no entry. Army records show whether an agreement existed, though not its terms.
Long Confinement After Conviction
The 280 cases resulted in 196 convictions, and 180 of those sentences included confinement (92%). The median was 1.9 years, about the same as the 1.8 years across all Army Article 120 cases. A quarter of terms were 4 years or longer.
Terms longer than one year were given in 120 of 196 convictions (61%), more often than the 56% service-wide. The most common band, more than 1 year but under 5 years, had 45% of convictions here, compared with 38%. Terms of 5 years or more were less common: 16%, compared with 18%. No confinement was given in 8% of convictions, compared with 13%.
These are adjudged sentences covering every charge in the case, before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, all Army Article 120 cases |
|---|---|---|---|
| No confinement | 16 | 8% | 13% |
| Under 6 months | 29 | 15% | 18% |
| 6 months to 1 year | 31 | 16% | 14% |
| More than 1 year, under 5 years | 89 | 45% | 38% |
| 5 years or more | 31 | 16% | 18% |
Discharges and Dishonorable Discharges
Of 196 junior enlisted soldiers convicted, 167 received a bad-conduct or dishonorable discharge (85%), more often than the 81% across all Army Article 120 cases. Of those 167 discharges, 119 were dishonorable, the most severe characterization for an enlisted member.
Soldiers sentenced without a punitive discharge can still face administrative separation, which these records do not track.
Nearly All General Courts-Martial
General courts-martial heard 268 of the 280 cases (96%), the same share as across all Army Article 120 cases. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. Special courts-martial, which are limited to one year of confinement, heard only 12.
At general courts-martial, the median confinement was 2 years, and 67% of cases were contested. At special courts-martial, the median was 7 months, and 58% were contested.
Other Charges in the Same Case
In 159 of the 280 cases, at least one other article was charged. Article 128 (assault) was the most common, in 93 cases. Article 134 (general article) appeared in 31, Article 92 (orders violation) in 22, Article 107 (false official statement) in 19, and Article 128b (domestic violence) in 16.
Cases by Year and Installation
The yearly count fell from 101 in 2021 to 72 in 2022, 58 in 2023, 32 in 2024, and 17 in 2025. Article 120 is a covered offense, and since December 28, 2023, special trial counsel rather than commanders decide whether to prosecute it. The records give trial dates, not offense dates, so trials from 2024 on include cases under old and new rules. The records cannot show whether that change is connected to the lower counts. Army records here are sparse before 2021.
Fort Hood tried 36 cases, Joint Base Lewis-McChord 32, Fort Bragg 26, Camp Humphreys 20, and Fort Campbell 19. Together they tried 48% of the cases. Larger installations try more cases of every kind. All 280 accused were junior enlisted, compared with 57% across all Army Article 120 cases.
Not in the Records
The records show no evidence, plea terms, or offense dates, and they exclude allegations handled by nonjudicial punishment, administrative separation, or no action.
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 tried 2021–2025 that charged junior enlisted members (E-1 to E-4) under Article 120 (280 cases), compared with every Army Article 120 case.
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.
Related Analysis
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (hub)
- Army Courts-Martial: Data and Trends (hub)
- NCOs (E-5 to E-9) Charged Under Article 120 in the Army
- Officers Charged Under Article 120 in the Army
- What Happens to Air Force Junior Enlisted (E-1 to E-4) Facing Sexual Assault Charges?
- Fewer or More? Sexual Assault Charges at Army Courts-Martial, 2021–2025
- Is Air Force Sexual Assault Prosecution Rising or Falling? Article 120, 2016–2025
- Article 120 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.