Army Trial Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
In 148 of 157 contested Army sexual assault courts-martial (Article 120) tried from 2023 to 2026, the records list a trial counsel of record. The most experienced prosecutor on those teams had a median of 11 prior cases in the data.
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Short answer: In 148 of 157 contested Army sexual assault courts-martial (Article 120) tried from 2023 to 2026, the records list a trial counsel of record. The most experienced prosecutor on those teams had a median of 11 prior cases in the data. In 87 cases (59%), the prosecution's most experienced lawyer had more prior cases than the defense's. Convictions brought a median confinement of 3 years, compared with 1.5 years across all contested Army cases.
Prosecutors Usually Had More Prior Cases
Lawyers are listed on both sides in 148 cases. Comparing the most experienced lawyer of record on each side, the trial counsel had more prior cases in 87 cases (59%). The trial counsel had fewer in 56 cases (38%). The rest were tied.
Trial counsel are the prosecutors at a court-martial. This comparison describes the lawyers listed in the records. It does not show who argued the case or how the work was divided.
What a Prior-Case Count Measures
Each lawyer's count is the number of Army courts-martial in this data on which the lawyer was counsel of record before the trial date. Both prosecution and defense work count. The count is not a measure of skill, and it cannot include cases from before the records start.
Prosecution teams often list several lawyers, and the records do not name a lead. Each case is grouped by its most experienced trial counsel of record. No lawyer is rated or ranked.
Spread of Prosecutor Experience
The median prior-case count for the most experienced trial counsel was 11. The 10 to 19 group was the largest, with 59 cases (40%). The 5 to 9 group held 32 cases (22%) and the 20 or more group held 29 (20%).
The 1 to 4 group held 26 cases (18%). In 2 cases (1%), no trial counsel of record had a prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 2 | 1% |
| 1 to 4 | 26 | 18% |
| 5 to 9 | 32 | 22% |
| 10 to 19 | 59 | 40% |
| 20 or more | 29 | 20% |
Verdicts Across Prosecutor Experience Groups
The verdict table covers the 148 contested cases that reached a verdict and list a trial counsel. A contested case is one where the accused pleaded not guilty to at least one charge. A partial acquittal means not guilty of at least one charge or specification and guilty of another.
In the 20 or more group, 66% of the 29 cases ended in a full acquittal and 31% in a partial acquittal. In the 10 to 19 group, the rates were 49% and 37%. The 5 to 9 group had 34% full acquittals and 50% partial acquittals. In the 1 to 4 group, 50% ended in a full acquittal and 46% in a partial acquittal. Of the 2 cases with no prosecutor holding a prior case, 1 of 2 ended in a full acquittal and 1 of 2 in a partial acquittal.
The records do not show the evidence, plea offers, or who did the work. These rows describe how cases ended in each group, not any effect of a prosecutor's experience.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 2 | 1 of 2 | 1 of 2 |
| 1 to 4 | 26 | 50% | 46% |
| 5 to 9 | 32 | 34% | 50% |
| 10 to 19 | 59 | 49% | 37% |
| 20 or more | 29 | 66% | 31% |
Size of the Prosecution Teams
Most cases listed 2 trial counsel of record: 109 of 148. Another 20 cases listed 3 or more, and 19 listed 1.
Sentences and Discharges
Among convictions, the median confinement was 3 years. Across all contested Army cases in 2023–2026, the median was 1.5 years. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal.
Of convicted enlisted members, 91% received a bad-conduct discharge or a dishonorable discharge. The rate in all contested Army cases was 68%. A member whose sentence had no punitive discharge could still face an administrative separation.
Years and Name Coverage
The records show 157 cases between January 2023 and September 2026. The count was 63 in 2023, 50 in 2024, 30 in 2025, and 14 in 2026, a partial year.
Army counsel names are nearly complete from 2021. Starting in 2023 lets most lawyers carry prior cases into the count. Names spelled in more than one way are merged as on Learn Your Lawyer. Navy and Marine Corps records list counsel only from mid-2025 and mostly by surname, so they are left out.
Special Trial Counsel and Other Limits
Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. The records give trial dates only, so trials from 2024 on mix old-rule and new-rule cases.
The records cover cases that reached a courtroom. Cases resolved by nonjudicial punishment, administrative separation, or no action are not included, and the evidence and plea terms are not described.
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 2023–2026 that charged Article 120 and had a not-guilty or mixed plea (157 cases). Counsel of record are as listed in the public records.
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
- Counsel Experience (hub)
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (hub)
- Army Defense Counsel in Contested Article 120 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 107 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 112a Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 115 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 121 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 128 Cases: Prior Cases and Verdicts, 2023–2026
- Army Defense Counsel in Contested Article 131b Cases: Prior Cases and Verdicts, 2023–2026
- 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.