When Article 120 Cases Don't End in Conviction: The Data Behind S2 E1

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Based on 720 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Sexual Assault Cases Are Contested More Often

The plea is listed in 709 of the 720 records: 483 not-guilty or mixed pleas and 226 guilty pleas. A case is contested when the accused pleads not guilty to at least one charge, so a mixed plea counts as contested.

The contested share for Article 120 cases was 68%. For all Army, Navy, and Marine Corps cases since 2021, it was 31%. These figures are the background for the S2 E1 podcast episode, Article 120 Dismissal & the Aftermath. Air Force records are left out because they rarely list the charges when a case ends in acquittal.

How Often Did Contested Cases End in a Full Acquittal?

A full acquittal means a finding of not guilty on every charge. Of the 483 contested cases that reached a verdict, 46% ended in a full acquittal. For all cases in these services since 2021, the full-acquittal rate was 32%.

Another 179 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. A partial acquittal still means a conviction and a sentence. The sentence covers every charge with a guilty finding.

Sentences After a Conviction Were Long

The 720 cases resulted in 494 convictions, and 86% of them included confinement. The median confinement was 1.5 years, compared with 6 months for all cases. A quarter of the sentences were 3.8 years or longer. The convictions included 1 life sentence.

Sentences longer than one year were given in 259 of 494 convictions (52%), compared with 26% for all cases. Sentences of 5 years or more made up 17% of convictions, compared with 7% for all cases. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Discharges and Dismissals

Of 454 convicted enlisted members, 365 received a punitive discharge: 125 bad-conduct discharges and 240 dishonorable discharges. For all cases in these services since 2021, the punitive-discharge share was 67%.

Of 33 convicted officers or warrant officers, 23 were dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Almost All Were General Courts-Martial

Of the cases with a court level listed, 659 were general courts-martial and 58 were special courts-martial. The court level is not listed for 3 cases. The general court-martial share was 92%, compared with 59% for all cases.

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year and can impose a bad-conduct discharge but not a dishonorable discharge. Since 2019, a special court-martial can also be tried by a military judge alone, with a cap of six months of confinement and no punitive discharge.

The median confinement was 2 years at general courts-martial, and 71% of those cases were contested. At special courts-martial, the median was 5 months, and 40% of cases were contested.

Other Charges and Who Was Accused

Article 120 was the only article charged in 251 of the 720 cases. The most common other charge was Article 128 (assault), in 277 cases. Article 134 (general article) was charged in 96, Article 92 (orders violation) in 85, Article 128b (domestic violence) in 48, and Article 107 (false official statement) in 46.

The accused were 416 junior enlisted members (E-1 to E-4), 237 NCOs (E-5 to E-9), and 50 officers or warrant officers. The records describe this mix as similar to all cases in these services, where 59% of the accused were junior enlisted.

Where and When the Cases Were Tried

The count was lower each year: 234 in 2021, 157 in 2022, 128 in 2023, 98 in 2024, 64 in 2025, and 39 in 2026, a partial year.

The installations with the most cases were Fort Hood (61), Fort Bragg (55), Joint Base Lewis-McChord (52), Fort Campbell (34), and Camp Humphreys (34). Together they account for 33% of the total. Larger installations try more cases of every kind, so a high count does not by itself say anything about one base.

Rule Changes and What the Records Do Not Show

Article 120 is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute it. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters. Both rules depend on the offense date, which these records do not give. Trials from 2024 on include both old-rule and new-rule cases.

The records also do not describe the evidence or the plea terms. They do not include nonjudicial punishment or administrative separations.

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.

Compare: federal court. Sexual Abuse of an Adult: Federal Cases vs. Article 120 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.