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# Army Cases Charging Both Article 120b and Article 128
- URL: https://www.bodiesburied.com/trends/army-article-120b-and-article-128-charged-together/
- Published: 2026-10-30T05:27:42.000Z
- Updated: 2026-11-03T01:46:00.000Z
- Description: From 2021 to 2026, 30 Army courts-martial charged child sexual abuse under Article 120b together with assault under Article 128. Of these cases, 73% were contested, compared with 37% across all Army Article 120b cases.
- Author: Jocelyn C. Stewart
- Tags: Understanding Trends, Article 120b, Article 128, Army

[Trends](https://www.bodiesburied.com/trends/) › [By Offense](https://www.bodiesburied.com/trends/by-offense/) › [Article 120b](https://www.bodiesburied.com/trends/article-120b-courts-martial/) › Army, with Article 128

**Short answer:** From 2021 to 2026, 30 Army courts-martial charged child sexual abuse under Article 120b together with assault under Article 128\. Of these cases, 73% were contested, compared with 37% across all Army Article 120b cases. The median confinement after conviction was 4.5 years, compared with 4.1 years.

Based on 30 cases · 2021–2026 · Army records · data updated October 24, 2026

## A High Contested Share

22 of the 30 accused contested at least one charge, and 8 pleaded guilty. A contested case is one with a not-guilty or mixed plea. The contested share of 73% is higher than the 37% for all Army Article 120b cases.

Members heard 14 of the 21 contested cases with the forum listed (67%). Across all 29 cases with the forum listed, a military judge alone decided guilt in 14 (48%), and members heard 15: 14 enlisted panels and 1 officer panel. The accused usually chooses the forum. Most judge-alone cases are guilty pleas, so this split mostly follows how many cases were contested.

## How the Contested Cases Ended

Of the 22 contested cases that reached a verdict, 5 ended in a full acquittal (23%). In all Army Article 120b cases from 2021 to 2026, the full-acquittal rate was 30%.

14 contested cases ended in a partial acquittal. In those cases the accused was found 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.

## Length of Confinement

Of 25 convictions, 23 included confinement. The median confinement was 4.5 years, longer than the 4.1 years for all Army Article 120b cases. A quarter of the terms were 13.7 years or longer.

These figures are adjudged sentences. They are the sentences announced at trial, before any plea-agreement cap, clemency, or appeal, and each one covers every charge in the case.

## Sentences by Band

Sentences of more than 1 year were less common here than in the wider group: 17 of 25 convictions (68%), compared with 78%. Terms of 5 years or more made up 44% of convictions, about the same as the 45% across all Army Article 120b cases.

Shorter outcomes were more common here. Convictions with no confinement made up 8%, compared with 3%. Terms under 6 months made up 12%, compared with 6%. Terms of 6 months to 1 year made up 12%, compared with 14%, and terms of more than 1 year but under 5 years made up 24%, compared with 32%.

Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. A special court-martial is capped at one year of confinement and a bad-conduct discharge.

| Adjudged confinement            | Convictions | Share here | Share, Army Article 120b cases overall |
| ------------------------------- | ----------- | ---------- | -------------------------------------- |
| No confinement                  | 2           | 8%         | 3%                                     |
| Under 6 months                  | 3           | 12%        | 6%                                     |
| 6 months to 1 year              | 3           | 12%        | 14%                                    |
| More than 1 year, under 5 years | 6           | 24%        | 32%                                    |
| 5 years or more                 | 11          | 44%        | 45%                                    |

## Discharges After Conviction

Of 24 convicted enlisted members, 20 received a punitive discharge: 18 dishonorable discharges and 2 bad-conduct discharges. In all Army Article 120b cases, 96% of convicted enlisted members received one.

1 convicted officer or warrant officer appears in these records, and none was dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

## Other Articles in These Cases

Every case here had at least one other article besides Article 120b. Beyond Article 128 itself, Article 120 (sexual assault) was charged in 13 cases. Article 134 (general article) appeared in 8, Article 128b (domestic violence) in 4, and Article 92 (orders violation) in 3.

Because a sentence covers all charges together, the records cannot separate the part of a sentence tied to the assault charge from the part tied to Article 120b.

## Rank, Years, and Installations

Junior enlisted members (E-1 to E-4) made up 50% of the accused, NCOs 43%, and officers 7%. In all Army Article 120b cases, junior enlisted members were 63% of the accused.

The cases were tried from March 2021 through March 2026\. The yearly counts were 13 in 2021, 6 in 2022, 4 in 2023, 4 in 2024, 2 in 2025, and 1 in 2026, a partial year. Fort Campbell had 4 cases, and Fort Bliss, Wheeler Army Airfield, Fort Bragg, and Joint Base Lewis-McChord had 3 each. These five account for 53% of the cases, and larger installations try more cases of every kind.

## Limits of the Records

Article 120b is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether covered offenses go to trial, and new sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. The records list trial dates, not offense dates, so trials from 2024 on mix cases under the old and new rules.

Trial records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or conduct handled outside a court-martial. Army records in this data are sparse before 2021.

For what the offense covers and how it is defended, see [Article 120b on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-120b/?ref=bodiesburied.com). Dates and sources for the law changes: [UCMJ change timeline](https://www.bodiesburied.com/trends/ucmj-change-timeline/).

### How We Counted

Army courts-martial with trial dates in 2021–2026 that charged both Article 120b and Article 128 (30 cases), compared with all 222 Army Article 120b cases in those years.

Source: public court-martial records (Article 140a, UCMJ) in [Military Trial Results](https://www.bodiesburied.com/military-trial-results/), data updated October 24, 2026\. Definitions, sources, and known gaps: [how this data was built](https://www.bodiesburied.com/trends/how-the-military-trial-results-data-was-built/). Errors: content@bodiesburied.com.

## Related Analysis

- [Article 120b (Rape and Sexual Assault of a Child): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-120b-courts-martial/) (hub)
- [Article 128 (Assault): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128-courts-martial/) (hub)
- [Army Courts-Martial: Data and Trends](https://www.bodiesburied.com/trends/army-courts-martial/) (hub)
- [Army Cases Charging Both Article 120b and Article 128b](https://www.bodiesburied.com/trends/army-article-120b-and-article-128b-charged-together/)
- [Army Courts-Martial With Article 120b and Article 134, 2021–2026](https://www.bodiesburied.com/trends/army-article-120b-and-article-134-charged-together/)
- [Army Courts-Martial With Article 120b and Article 92, 2021–2025](https://www.bodiesburied.com/trends/army-article-120b-and-article-92-charged-together/)
- [Article 120b With Article 131b in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-120b-and-article-131b-charged-together/)
- [Article 120b With Article 80 in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-120b-and-article-80-charged-together/)
- [Article 120b With Article 82 in the Army: What the Records Show](https://www.bodiesburied.com/trends/army-article-120b-and-article-82-charged-together/)
- [Navy-Marine Corps Courts-Martial With Article 120b and Article 134, 2021–2026](https://www.bodiesburied.com/trends/navy-marine-corps-article-120b-and-article-134-charged-together/)
- [Article 120b explained on the law firm's website](https://www.ucmj-defender.com/practice-areas/court-martial/article-120b/?ref=bodiesburied.com)
- [Search every case in Military Trial Results](https://www.bodiesburied.com/military-trial-results/) (members)

**Compare: federal court.** [Child Sexual Abuse and Enticement: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-child-sex-offenses-vs-army/) · [Aggravated Assault: Federal Sentences vs. Army Courts-Martial](https://www.bodiesburied.com/trends/federal-aggravated-assault-vs-army/)

**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](https://www.ucmj-defender.com/?ref=bodiesburied.com). This analysis is for education and information only. It is not legal advice, and every case is different.