> ## Content Index > Fetch the complete content index at: https://www.bodiesburied.com/llms.txt > Use this file to discover other available public pages before exploring further. # Army Cases Charging Both Article 120b and Article 128b - URL: https://www.bodiesburied.com/trends/army-article-120b-and-article-128b-charged-together/ - Published: 2026-10-30T08:18:07.000Z - Updated: 2026-11-03T01:44:50.000Z - Description: 12 Army courts-martial from 2021–2026 charged both child sexual abuse under Article 120b and domestic violence under Article 128b. Members decided 58% of them, compared with 22% of all Army Article 120b cases, and 67% were contested, compared with 37%. - Author: Jocelyn C. Stewart - Tags: Understanding Trends, Article 120b, Article 128b, 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 128b **Short answer:** 12 Army courts-martial from 2021–2026 charged both child sexual abuse under Article 120b and domestic violence under Article 128b. Members decided 58% of them, compared with 22% of all Army Article 120b cases, and 67% were contested, compared with 37%. Based on 12 cases · 2021–2026 · Army records · data updated October 24, 2026 ## Panels of Members Decided Most Cases A military judge alone decided 5 of the 12 cases. Panels of members decided the rest: 4 enlisted panels and 3 officer panels. Members heard 58% of these cases, compared with 22% of Army-wide Article 120b cases. The accused usually chooses whether a military judge alone or a panel of members decides guilt. Cases tried before members and cases tried before a judge alone are therefore not alike. ## Most Were Contested 8 accused entered a not-guilty or mixed plea, and 4 pleaded guilty. A contested case is one in which the accused pleads not guilty to at least one charge. Contested cases were 67% of those with a plea recorded, compared with 37% in all Army Article 120b cases in 2021–2026. ## Confinement Was About the Same as Other Article 120b Cases 10 cases ended in a conviction. Confinement was part of 90% of those 10 sentences. The median confinement was 4 years, about the same as the 4.1 years in Army Article 120b cases overall. A quarter of the sentences with confinement were 6 years or longer. These are adjudged sentences: the terms set at trial, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case. ## Charges Beyond Article 120b None of the 12 cases charged Article 120b alone. In all Army Article 120b cases in 2021–2026, 87 of 222 charged it alone. Besides Article 128b, the most common charges in this group were Article 120, sexual assault, in 5 cases; Article 134, the general article, and Article 128, assault, in 4 each; and Article 119b, child endangerment, in 2. ## Officers Were 25% of the Accused Junior enlisted members (E-1 to E-4) made up 58% of the accused, NCOs 17%, and officers 25%. Across all Army Article 120b cases in 2021–2026, junior enlisted members were 63%, so this group had a smaller junior enlisted share. ## Trial Years The trials ran from October 2021 through July 2026: 2 in 2021, 3 in 2022, 3 in 2023, 2 in 2024, 1 in 2025, and 1 in 2026, a partial year. Army records in this data are sparse before 2021. ## What the Records Do Not Show Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023\. The records give trial dates, not offense dates, so the trials from 2024 on mix old-rule and new-rule cases. The records for this group do not report discharges or court levels. They also leave out the evidence, the plea terms, and conduct handled outside a court-martial. 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 128b (12 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 128b (Domestic Violence, Numbered Since 2019): Court-Martial Data and Trends](https://www.bodiesburied.com/trends/article-128b-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 128](https://www.bodiesburied.com/trends/army-article-120b-and-article-128-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/) **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.