Articles 120 and 128 in the Same Case: What the Records Show

Trends › By Offense › Article 120 › With Article 128

Based on 690 cases · 2013–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

Most Cases Were Contested

With 690 cases, sexual assault charged together with assault is a large pairing in these records. The plea is listed in 587 records: 433 were contested and 154 were guilty pleas. A case is contested when the accused pleads not guilty to at least one charge. The contested share was 74%, compared with 69% for all Army, Navy, and Marine Corps cases charging Article 120.

The contested share was 77% at general courts-martial and 41% at special courts-martial.

Full Acquittal in 51% of Contested Cases

Of the 433 contested cases that reached a verdict, 219 ended in a full acquittal (51%). That is about the same as the 49% for all Article 120 cases.

Another 101 contested cases (23%) 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 and a sentence.

Sentences After a Conviction

Of 454 convictions, 395 included confinement. The median confinement was 2.5 years, compared with 2 years for all Article 120 cases. A quarter of the sentences were 5 years or longer.

By length, sentences were similar to the comparison group. Sentences longer than one year were given in 268 of 454 convictions (59%), compared with 57%. Sentences of 5 years or more made up 115 convictions (25%), compared with 22%. The share with no confinement was 13% in both groups. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Most Cases Were General Courts-Martial

General courts-martial made up 92% of the 689 cases with a court level listed (636 of 689). This is the level that can impose long confinement and a dishonorable discharge. Another 53 cases were special courts-martial, and the court level is not listed for 1 case.

The median confinement was 3 years at general courts-martial and 5 months at special courts-martial. A special court-martial caps confinement at one year.

How Often Was There a Punitive Discharge?

Of 418 enlisted members convicted, 336 received a bad-conduct or dishonorable discharge (80%). That is about the same as the 82% for all Article 120 cases. Of the 336, 255 were dishonorable discharges.

The records list 29 convicted officers or warrant officers. 17 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, which these records do not include.

Who Was Charged?

The accused were 349 junior enlisted members, 266 NCOs, and 43 officers. The records describe this mix as similar to all Article 120 cases in these services. Most of the accused were enlisted members, and the sentence and discharge figures mostly describe enlisted cases.

Child Sexual Abuse, Attempt, and Other Charges

Many cases included more than the 2 articles in the title. Article 120b (child sexual abuse) was charged in 107 cases, Article 134 (general article) in 104, Article 80 (attempt) in 95, and Article 92 (orders violation) in 62. Every sentence covers all charges of conviction, so these other charges are part of the sentence figures.

Years, Installations, and Rule Changes

Trials took place from January 2013 to June 2026. There were 74 cases in 2017. The highest count was 125 in 2021, and there were 44 in 2022. Recent years had fewer cases: 28 in 2024 and 16 in 2025. The 2026 count of 9 covers part of the year.

Norfolk, Virginia had 93 cases, the most of any installation. San Diego, California had 53, Yokosuka, Japan 32, and Camp Lejeune, North Carolina and Pensacola, Florida 30 each. These 5 installations account for 34% of the 690 cases. Larger installations try more cases of every kind.

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, including Article 120. The lower counts since 2024 fall in the same period as that change. The records give trial dates, not offense dates, and cannot show whether one affected the other.

The records also do not include the evidence, the terms of any plea agreement, or matters resolved outside a court-martial, such as nonjudicial punishment or 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 · Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025

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.