Sexual Assault Plus Disobeying An Officer: Courts-Martial Charging Articles 120 and 90
Only 3 of 22 contested cases that reached a verdict (14%) ended in a full acquittal when Article 120 was charged with Article 90, compared with 49% for all Article 120 cases.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 120 › With Article 90
Short answer: Only 3 of 22 contested cases that reached a verdict (14%) ended in a full acquittal when Article 120 was charged with Article 90, compared with 49% for all Article 120 cases. These 33 Army, Navy, and Marine Corps courts-martial from 2018–2026 had a median confinement of 1.8 years, slightly shorter than the 2 years in the broader group.
Disobeying an Officer in a Sexual Assault Case
Article 90 covers willfully disobeying a superior commissioned officer. The 33 courts-martial here charged it together with Article 120 (sexual assault). Trials took place from October 2018 through June 2026.
This is a small group, so one case can change the percentages. The comparison group in this post is all Army, Navy, and Marine Corps cases charging Article 120. The main difference from that group is in the verdicts of contested cases.
Few Full Acquittals
A case is contested when the accused pleads not guilty to at least one charge. Of the 22 contested cases that reached a verdict, 3 ended in a full acquittal. The full-acquittal rate was 14%, compared with 49% for all Article 120 cases.
Partial acquittals were more common. In 15 contested cases, the accused was found not guilty of at least one charge or specification and guilty of another.
Guilty Pleas and Contested Cases
The plea is listed in 32 of the 33 records. 10 accused pleaded guilty and 22 contested at least one charge. The contested share was 69%, the same as for all Article 120 cases.
Cases were contested at the same rate as other sexual assault cases. The difference in full acquittals is in how the contested cases were decided.
How Much Confinement?
30 cases ended in a conviction on at least one charge, and 25 of those sentences included confinement (83%). The median confinement was 1.8 years, shorter than the 2 years median for all Article 120 cases. A quarter of the sentences were 3 years or longer.
Confinement of more than one year was given in 18 of 30 convictions (60%), slightly more than the 57% in the comparison group. 13 convictions (43%) were more than 1 year but under 5 years. 5 convictions (17%) were 5 years or more, compared with 22% for all Article 120 cases. 5 included no confinement. 1 conviction (3%) was under 6 months, compared with 15%, and 6 (20%) were 6 months to 1 year.
These are adjudged sentences, set at trial for every charge in the case, before any plea-agreement cap, clemency, or appeal.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 120 |
|---|---|---|---|
| No confinement | 5 | 17% | 13% |
| Under 6 months | 1 | 3% | 15% |
| 6 months to 1 year | 6 | 20% | 15% |
| More than 1 year, under 5 years | 13 | 43% | 35% |
| 5 years or more | 5 | 17% | 22% |
Punitive Discharges
Of 28 convicted enlisted members, 23 received a punitive discharge: 11 bad-conduct and 12 dishonorable. For all Article 120 cases, the share was 82%.
Of 2 convicted officers or warrant officers, 1 was dismissed. Dismissal is the officer form of a punitive discharge. A sentence without a punitive discharge does not rule out a later administrative separation.
More Junior Enlisted Members Than Usual
Junior enlisted members (E-1 to E-4) made up 70% of the accused, compared with 55% for all Article 120 cases. NCOs were 24% and officers were 6%.
There were 29 general courts-martial and 4 special courts-martial. The general court-martial share was 88%, about the same as the 90% for the comparison group. A general court-martial can impose any lawful sentence. A special court-martial caps confinement at one year and cannot adjudge a dishonorable discharge.
Other Charges, Years, and Installations
Article 128 (assault) was charged in 18 cases. Article 128b (domestic violence, numbered since 2019) and Article 134 (general article) were each charged in 8, and Article 115 (malingering before 2019; communicating threats since) in 6.
The highest count was 14 cases in 2021. No other year had more than 6, and 2019 had 0. The 2026 count of 2 covers part of the year.
Wheeler Army Airfield, Joint Base Lewis-McChord, Camp Lejeune, North Carolina, and Fort Bragg each had 4 cases, and Fort Irwin had 2. These 5 installations account for 55% of the 33 cases. Larger installations try more cases of every kind, so the counts do not by themselves say anything about one base.
What the Records Do Not Show
Article 120 is a covered offense. Since December 28, 2023, special trial counsel decide whether to prosecute it. New sentencing parameters apply when every guilty finding is for an offense after December 27, 2023. The records give trial dates, not offense dates, so trials from 2024 on can fall under either set of rules.
The data also does not include the evidence, the plea terms, nonjudicial punishment, or administrative separations. It cannot show why any case ended the way it did.
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
Army, Navy, and Marine Corps courts-martial that charged both Article 120 and Article 90 (33 cases). Air Force cases are left out because Air Force records rarely list the charges in acquittals.
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)
- Article 90 (Willfully Disobeying Superior Officer): Court-Martial Data and Trends (hub)
- Articles 120 and 128 in the Same Case: What the Records Show
- Articles 120 and 134 in the Same Case: What the Records Show
- When Article 120 and Article 120b Are Charged Together, How Do Cases End?
- Fewer or More? Sexual Assault Charges at Army Courts-Martial, 2021–2025
- Is Air Force Sexual Assault Prosecution Rising or Falling? Article 120, 2016–2025
- 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.