Army Trial Counsel in Contested Article 120b Cases: Prior Cases and Verdicts, 2023–2026
The Army tried 49 contested child sexual abuse courts-martial (Article 120b) from 2023 to 2026, and 48 list a trial counsel of record. The most experienced prosecutor on each of those teams had a median of 7.5 prior cases in the data.
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Trends › Counsel Experience › Article 120b, trial counsel
Short answer: The Army tried 49 contested child sexual abuse courts-martial (Article 120b) from 2023 to 2026, and 48 list a trial counsel of record. The most experienced prosecutor on each of those teams had a median of 7.5 prior cases in the data. Convictions carried a median of 8.5 years of confinement, compared with 1.5 years across all contested Army cases.
Prosecution Experience Was Spread Across the Groups
Trial counsel are the lawyers who prosecute a court-martial. In the 48 cases that list one, the median prior-case count for the most experienced trial counsel of record was 7.5.
No single group held most of the cases. The 5 to 9 group had 14 cases (29%), the 1 to 4 group had 13 (27%), and the 10 to 19 group had 12 (25%). In 8 cases (17%), the most experienced prosecutor had 20 or more prior cases. In 1 case (2%), no trial counsel of record had a prior case in this data.
| Prior cases (most experienced trial counsel) | Cases | Share |
|---|---|---|
| No prior cases | 1 | 2% |
| 1 to 4 | 13 | 27% |
| 5 to 9 | 14 | 29% |
| 10 to 19 | 12 | 25% |
| 20 or more | 8 | 17% |
Counting Prior Cases
A prior case is any earlier Army court-martial in this data where the same lawyer was counsel of record, whether for the prosecution or the defense. Only cases before the trial date count. Cases from before the records begin are missing, and the count does not measure skill.
Prosecution teams often list more than one lawyer, with no lead identified in the records. Each case is grouped by the trial counsel of record with the most prior cases. Nothing here rates or ranks a lawyer.
Full Acquittals in Each Experience Group
The verdict table covers 48 contested cases, meaning cases where the accused pleaded not guilty to at least one charge, that reached a verdict and list a trial counsel. A partial acquittal is a verdict of not guilty on some charges or specifications and guilty on others.
Full-acquittal rates were 31% in the 1 to 4 group, 29% in the 5 to 9 group, and 25% in the 10 to 19 group. Partial acquittals in those groups were 46%, 43%, and 50%. In the 20 or more group, 3 of 8 cases ended in a full acquittal and 3 of 8 in a partial acquittal.
The 1 case in which no prosecutor had a prior case ended in neither a full nor a partial acquittal. These rows show outcomes only. The records do not include the evidence, plea offers, or who did the work, so they cannot show an effect of experience.
| Prior cases (most experienced trial counsel) | Contested cases | Full acquittal | Partial acquittal |
|---|---|---|---|
| No prior cases | 1 | 0 of 1 | 0 of 1 |
| 1 to 4 | 13 | 31% | 46% |
| 5 to 9 | 14 | 29% | 43% |
| 10 to 19 | 12 | 25% | 50% |
| 20 or more | 8 | 3 of 8 | 3 of 8 |
The Other Side of the Courtroom
In 48 cases, lawyers appear on both sides. The most experienced trial counsel had fewer prior cases than the most experienced defense counsel in 29 cases (60%). The trial counsel had more prior cases in 17 (35%). The remaining cases were tied.
How Many Prosecutors Were Listed
Of the 48 cases, 34 list 2 trial counsel of record. Another 11 list a single trial counsel, and 3 list 3 or more.
Confinement and Punitive Discharges
The median confinement adjudged in these cases was 8.5 years. For all contested Army cases in 2023–2026, the median was 1.5 years. The figures reflect the sentence at trial, before any cap in a plea agreement, clemency, or appeal, and each sentence covers every charge in the case.
Of enlisted members convicted, 87% received a punitive discharge, which is a bad-conduct discharge or a dishonorable discharge. All contested Army cases had a rate of 68%. Without a punitive discharge, a member can still face administrative separation later.
Years and the Source of Counsel Names
These 49 cases were tried from January 2023 to July 2026: 15 in 2023, 21 in 2024, 9 in 2025, and 4 so far in 2026, a partial year.
The Army's records name counsel nearly completely from 2021 on. A 2023 start leaves most lawyers with at least some history in the data. Variant spellings are merged as on Learn Your Lawyer. Navy and Marine Corps records identify counsel only from mid-2025, mostly by last name, so this page uses Army cases only.
Changes in the Law and Gaps in the Records
Article 120b is a covered offense. Starting December 28, 2023, special trial counsel rather than commanders decide whether covered offenses go to trial. For cases where every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence using new sentencing parameters. The trial records carry no offense dates, so cases tried from 2024 on fall under a mix of the two systems.
Trial records show charges, pleas, findings, and sentences. The evidence, the plea terms, and anything handled outside a court-martial are not in them.
For what the offense covers and how it is defended, see Article 120b 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 120b and had a not-guilty or mixed plea (49 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 120b (Rape and Sexual Assault of a Child): Court-Martial Data and Trends (hub)
- Who Defended Contested Army Article 120b Cases? Defense Counsel Experience, 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 120 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
- Article 120b explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. Child Sexual Abuse and Enticement: 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.