Army, Air Force, or Navy-Marine Corps: How Article 120 Cases Compare, 2021–2025
Article 120 (sexual assault) cases were contested more often than other courts-martial from 2021–2025: 70% of cases, compared with 35% across all courts-martial in those years. The median confinement after a conviction was 1.8 years, compared with 6 months overall.
Understanding Trends in Military Practice · 6 min read
Trends › By Offense › Article 120 › Across the services
Short answer: Article 120 (sexual assault) cases were contested more often than other courts-martial from 2021–2025: 70% of cases, compared with 35% across all courts-martial in those years. The median confinement after a conviction was 1.8 years, compared with 6 months overall. The records hold 821 Article 120 cases in the Army, Air Force, Navy, and Marine Corps.
Most Article 120 Cases Were Contested
A contested case is one where the accused pleads not guilty to at least one charge. The Air Force had the highest contested share for Article 120, at 82% of 130 cases with a plea recorded. The Army share was 71% of 491 cases, and the Navy-Marine Corps share was 62% of 183 cases.
For all courts-martial in the same years, the contested share was 35%. Article 120 cases were contested more often than that in every service.
Full Acquittals in Contested Cases
The Army had 347 contested Article 120 cases that reached a verdict, and 45% ended in a full acquittal. The Navy-Marine Corps had 113 such cases, and 50% ended in a full acquittal. A full acquittal means the accused was found not guilty of all charges.
No Air Force acquittal rate is given. Air Force records rarely list the charges in cases that end in a full acquittal, so the rate for one offense cannot be measured from them.
| Service | Contested share | Cases with a plea recorded | Full acquittal (contested, verdict reached) | Contested cases with a verdict |
|---|---|---|---|---|
| Army | 71% | 491 | 45% | 347 |
| Air Force | 82% | 130 | — | — |
| Navy-Marine Corps | 62% | 183 | 50% | 113 |
Sentences After a Conviction
The Air Force had the longest median confinement, at 2 years, from 104 convictions. Of those sentences, 93% included confinement and 68% were longer than 1 year. The Army median was 1.8 years from 335 convictions, with 87% including confinement and 56% longer than 1 year.
The Navy-Marine Corps had a shorter median of 1.1 years from 131 convictions. Confinement was part of 86% of those sentences, and 44% were longer than 1 year.
These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. A case charging Article 120 can include other charges, and the sentence covers all of them.
| Service | Convictions | Included confinement | Median confinement | More than 1 year |
|---|---|---|---|---|
| Army | 335 | 87% | 1.8 years | 56% |
| Air Force | 104 | 93% | 2 years | 68% |
| Navy-Marine Corps | 131 | 86% | 1.1 years | 44% |
Nearly All Tried at a General Court-Martial
The Army and the Air Force each tried 96% of their Article 120 cases at a general court-martial. The Navy-Marine Corps share was 82%. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year.
A punitive discharge followed 92% of the 96 Air Force convictions of enlisted members. The Army rate was 81% of 308, and the Navy-Marine Corps rate was 78% of 124. A punitive discharge is a bad-conduct or dishonorable discharge.
| Service | Convicted enlisted members | Punitive discharge | General court-martial share |
|---|---|---|---|
| Army | 308 | 81% | 96% |
| Air Force | 96 | 92% | 96% |
| Navy-Marine Corps | 124 | 78% | 82% |
The Army Tried the Most Cases
The Army had 491 of the 821 cases, and Article 120 appeared in 20% of all Army cases in these years. The Navy-Marine Corps had 190 cases (10% of its cases), and the Air Force had 140 (12% of its cases).
| Service | Cases charging Article 120 | Share of that service's cases |
|---|---|---|
| Army | 491 | 20% |
| Air Force | 140 | 12% |
| Navy-Marine Corps | 190 | 10% |
Year-by-Year Counts
The total number of Article 120 cases fell each year: 256 in 2021, 188 in 2022, 152 in 2023, 132 in 2024, and 93 in 2025. In the Army, the count went from 156 in 2021 to 46 in 2025.
The Navy-Marine Corps count went from 78 in 2021 to 18 in 2025. The Air Force count did not follow the same pattern. It went from 22 in 2021 to 34 in 2024 and 29 in 2025.
| Year | Army | Air Force | Navy-Marine Corps |
|---|---|---|---|
| 2021 | 156 | 22 | 78 |
| 2022 | 125 | 31 | 32 |
| 2023 | 95 | 24 | 33 |
| 2024 | 69 | 34 | 29 |
| 2025 | 46 | 29 | 18 |
Rank of the Accused
Among the accused with rank recorded, 57% of Army accused were junior enlisted (E-1 to E-4), 35% were NCOs (E-5 to E-9), and 8% were officers. The Air Force and the Navy-Marine Corps each had 64% junior enlisted. NCOs were 29% in the Air Force and 33% in the Navy-Marine Corps. Officers were 6% and 4%. These shares come from 489 Army cases, 140 Air Force cases, and 181 Navy-Marine Corps cases where the rank is listed.
| Service | Cases with rank | Junior enlisted (E-1 to E-4) | NCOs (E-5 to E-9) | Officers |
|---|---|---|---|---|
| Army | 489 | 57% | 35% | 8% |
| Air Force | 140 | 64% | 29% | 6% |
| Navy-Marine Corps | 181 | 64% | 33% | 4% |
Law Changes That Apply to These Cases
Sexual assault is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses. For cases where 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, and the records give only trial dates. Trials from 2024 on include cases under both the old and new rules. The decline in yearly cases happened in the same years, and the records cannot show whether the law changes caused it.
Limits of the Records
These records show charges, pleas, findings, and sentences. They do not show the evidence, the plea terms, or allegations that did not reach a court-martial. Conduct handled by nonjudicial punishment or administrative separation is also not included.
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
Courts-martial in all three service groups with trial dates in 2021–2025 that charged Article 120 (821 cases). Coast Guard cases are not included.
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
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (hub)
- By Offense (hub)
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- 833 Article 92 Courts-Martial in Three Services, 2021–2025
- Army, Air Force, or Navy-Marine Corps: How Article 107 Cases Compare, 2021–2025
- Army, Air Force, or Navy-Marine Corps: How Article 117a Cases Compare, 2021–2025
- Army, Air Force, or Navy-Marine Corps: How Article 128b Cases Compare, 2021–2025
- 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 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.