When Article 120 and Article 120b Are Charged Together, How Do Cases End?

Trends › By Offense › Article 120 › With Article 120b

Based on 153 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Median Confinement of 5 Years

Cases that charged both adult and child sexual offenses had longer sentences than other sexual assault cases. Of 131 convictions, 122 included confinement. The median confinement was 5 years, compared with 2 years for all Army, Navy, and Marine Corps cases charging Article 120.

A quarter of the sentences were 16 years or longer. These are adjudged sentences, announced at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

48% of Convictions Included 5 Years or More

The table shows 63 convictions (48%) with 5 years or more of confinement, compared with 22% for all Article 120 cases. Another 46 (35%) were more than 1 year and under 5 years, the same share as in the comparison group.

Sentences longer than one year were given in 109 of 131 convictions (83%), compared with 57%. Short sentences were uncommon: only 2 convictions (2%) included less than 6 months of confinement.

Almost All Were General Courts-Martial

Of the 153 cases, 152 were general courts-martial (99%). Only a general court-martial can adjudge more than one year of confinement or a dishonorable discharge. Almost every case here was tried at the level where the full range of punishment was available, including the dishonorable discharges and dismissals described below.

Fewer Contested Cases Than Other Sexual Assault Cases

A case is contested when the accused pleads not guilty to at least one charge. The plea is listed in 107 records: 61 were contested and 46 were guilty pleas. The contested share was 57%, lower than the 69% for all Article 120 cases.

What Happened in Contested Cases?

Of the 61 contested cases that reached a verdict, 21 ended in a full acquittal (34%). For all Article 120 cases, the full-acquittal rate was 49%.

Another 18 (30%) ended in a partial acquittal, where the accused was found not guilty of at least one charge or specification and guilty of another. A partial acquittal still results in a conviction, so those cases are part of the sentence figures above.

Most Enlisted Convictions Included a Dishonorable Discharge

Of 118 enlisted members convicted, 112 received a bad-conduct or dishonorable discharge (95%), compared with 82% for all Article 120 cases. Of those 112, 103 were dishonorable discharges. A dishonorable discharge is the most severe discharge an enlisted member can receive.

The records list 13 convicted officers or warrant officers. 11 of them were dismissed, which is the officer form of a punitive discharge.

The Accused Were More Senior

NCOs (E-5 to E-9) made up 54% of the accused, junior enlisted members (E-1 to E-4) 34%, and officers 12%. For all Article 120 cases in these services, junior enlisted members were 55%. This group was more senior than sexual assault cases overall.

Assault and Attempt Charges Were Common

Article 128 (assault) was charged in 107 of the 153 cases, Article 80 (attempt) in 56, Article 134 (general article) in 43, and Article 82 (solicitation) in 11. Every sentence covers all charges of conviction, so these offenses are part of the confinement and discharge numbers.

Fewer Cases in Recent Years

Trials took place from March 2013 to July 2026. The highest counts were 28 cases in 2017 and 22 in 2018. There were 5 in 2023 and 2 in 2025. The 2026 count of 1 covers part of the year. The records give trial dates, not offense dates, so these counts show when cases were tried.

Okinawa, Japan had 19 cases, Norfolk, Virginia 17, Camp Lejeune, North Carolina 13, Bremerton, Washington 11, and San Diego, California 9. These 5 installations account for 45% of the 153 cases. Larger installations try more cases of every kind.

Rule Changes and What the Records Do Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault. The lower yearly counts fall in the same period as both changes. Which rules applied depends on the offense date, which the records do not give, so they cannot show whether either change had any effect.

The records also do not include the evidence, the plea terms, or matters handled outside a court-martial, such as administrative separation.

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 · Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b 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.