Articles 120 and 120c in the Same Case: What the Records Show

Trends › By Offense › Article 120 › With Article 120c

Based on 61 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Full Acquittals at About the Same Rate as Other Sexual Assault Cases

Of the 30 contested cases that reached a verdict, 14 ended in a full acquittal (47%). For all Army, Navy, and Marine Corps cases charging Article 120, the rate was 49%.

Another 9 contested cases (30%) ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another. In total, 47 cases ended in a conviction on at least one charge. Those convictions are the basis for every sentence and discharge figure that follows.

Somewhat Fewer Contested Cases

A case is contested when the accused pleads not guilty to at least one charge, through a not-guilty plea or a mixed plea. The plea is listed in 51 records: 30 were contested and 21 were guilty pleas. The contested share was 59%, lower than the 69% for all Article 120 cases.

Sentences Were Spread Across the Range

Of the 47 convictions, 40 included confinement (85%). The median confinement was 2.1 years, slightly longer than the 2 years median for all Article 120 cases. A quarter of the sentences were 13.7 years or longer, and 1 was a life sentence.

Sentences longer than one year were given in 25 of 47 convictions (53%), slightly less often than the 57% in the comparison group. Sentences of 5 years or more were more common: 14 convictions (30%), compared with 22%. Sentences of more than 1 year and under 5 years were less common: 11 (23%), compared with 35%. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Punitive Discharges at the Same Rate as Other Article 120 Cases

A punitive discharge was part of the sentence in 82% of enlisted convictions. That is the same as the 82% for all Article 120 cases. There were 26 dishonorable discharges and 10 bad-conduct discharges.

The records list 3 convicted officers or warrant officers. 2 of them were dismissed, which is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.

Court Level Was About the Same as the Comparison Group

Of the 61 cases, 54 were general courts-martial (89%). For all Article 120 cases, the share was 90%. 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 and cannot impose a dishonorable discharge. The long sentences and dishonorable discharges described here came from general courts-martial.

Similar Numbers of Junior Enlisted Members and NCOs

The accused were 30 junior enlisted members (E-1 to E-4), 28 NCOs (E-5 to E-9), and 3 officers or warrant officers. This group was more senior than all Article 120 cases in these services, where 55% of the accused were junior enlisted.

Assault and Child Sexual Abuse Charges

Article 128 (assault) was charged in 34 of the 61 cases. Article 134 (general article) was charged in 17, Article 92 (orders violation) in 10, and Article 120b (child sexual abuse) in 7. Each sentence covers all charges of conviction. When these charges led to a guilty finding, they are part of the figures above.

Cases by Year and Location

Trials took place from October 2013 to October 2026. Each year had few cases. The highest counts were 10 in 2021, 8 in 2022, and 7 in 2024. The 2026 count of 3 covers part of the year.

Joint Base Lewis-McChord and Bremerton, Washington had 5 cases each. Norfolk, Virginia, Fort Hood, and Camp Lejeune, North Carolina had 4 each. These installations account for 36% of the 61 cases. 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 Data Does Not Show

The Military Justice Act of 2016 took effect on January 1, 2019. Since December 28, 2023, special trial counsel decide whether to prosecute covered offenses, which include Article 120. Both changes depend on the offense date. The records give trial dates, not offense dates, so the data cannot show whether either change affected outcomes.

The records also do not include the evidence, the plea terms, or conduct handled through nonjudicial punishment or administrative separation. With 61 cases, a few cases can change the percentages.

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.