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

Trends › By Offense › Article 120 › With Article 128b

Based on 48 cases · 2021–2026 · Army, Navy, and Marine Corps records · data updated October 24, 2026

More Cases Were Contested, Fewer Ended in a Full Acquittal

Most cases that charged sexual assault and domestic violence together were contested. Every case in this group has a plea on record: 36 accused contested at least one charge and 12 pleaded guilty. A contested case is one with a not-guilty or mixed plea. The contested share was 75%, compared with 69% for all Army, Navy, and Marine Corps cases charging Article 120.

Full acquittals were less common than in other sexual assault cases. Of the 36 contested cases that reached a verdict, 31% ended in a full acquittal. For the comparison group, the rate was 49%.

Partial Acquittals Were the Most Common Result

Another 23 contested cases ended in a partial acquittal. In a partial acquittal, the accused is found not guilty of at least one charge or specification and guilty of another. In these records, a partial acquittal was the most common result of a contested case for this pairing.

A partial acquittal still ends in a conviction. Those cases are part of the 37 convictions behind the sentence figures below.

Sentences Were Similar to Other Article 120 Cases

Of 37 convictions, 31 included confinement. The median confinement was 2 years, the same as the 2 years for all Article 120 cases. A quarter of the sentences were 5 years or longer.

Sentences longer than one year were given in 22 of 37 convictions (59%), about the same as the 57% in the comparison group. Sentences of 6 months to 1 year were less common: 3 convictions (8%), compared with 15%. These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and each covers every charge in the case.

Almost Every Case Was a General Court-Martial

Of the 48 cases, 47 were general courts-martial and 1 was a special court-martial. The general court-martial share was 98%, compared with 90% for all Article 120 cases. A general court-martial can impose any lawful sentence, including a dishonorable discharge. A special court-martial caps confinement at one year.

Discharges and Dismissals

Of 31 enlisted members convicted, 27 received a bad-conduct or dishonorable discharge (87%). That is higher than the 82% for all Article 120 cases. Of those 27, 16 were dishonorable discharges.

The records list 6 convicted officers or warrant officers. 3 of them were dismissed. A member without a punitive discharge could still face an administrative separation, which is not in these records.

The Accused Were More Senior

Junior enlisted members (E-1 to E-4) made up 46% of the accused, NCOs (E-5 to E-9) 38%, and officers 17%. For all Article 120 cases in these services, junior enlisted members were 55%. This group was more senior than the comparison group. Officers made up 17% of the accused, and 6 convicted officers or warrant officers appear in the records.

Assault, Threats, and Other Charges

Article 128 (assault) was charged in 19 of the 48 cases and Article 134 (general article) in 13. Article 115 (communicating threats) was charged in 10, and Article 90 (disobeying an officer) in 8. Each sentence covers all charges of conviction, so these offenses are part of the confinement and discharge figures.

Years and Installations

Trials took place from February 2021 through July 2026. There were 6 cases in 2021, 8 in 2022, 14 in 2023, 11 in 2024, and 5 in 2025. The 2026 count of 4 covers part of the year.

Fort Bragg had 9 cases. Wheeler Army Airfield and Joint Base Lewis-McChord had 5 each, and Fort Carson and Camp Lejeune, North Carolina had 4 each. These installations account for 56% of the 48 cases. Larger installations try more cases of every kind, so a high count does not by itself say anything about one base.

Rule Changes the Data Cannot Separate

Sexual assault and domestic violence are both covered offenses. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute them. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new parameters. These rules depend on the offense date, which the records do not give. Trials from 2024 on include both old-rule and new-rule cases, and the data cannot show whether the change affected outcomes.

The records also do not show the evidence, the plea terms, or conduct handled outside a court-martial.

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.