Articles 120b and 128 in the Same Case: What the Records Show
Child sexual abuse cases that also charged assault were contested more often than Article 120b cases overall: 53% compared with 36%.
Understanding Trends in Military Practice · 5 min read
Trends › By Offense › Article 120b › With Article 128
Short answer: Child sexual abuse cases that also charged assault were contested more often than Article 120b cases overall: 53% compared with 36%. In 135 Army, Navy, and Marine Corps courts-martial from 2013–2026, the median confinement was 3 years, slightly shorter than the 3.3 years for all Article 120b cases. The full-acquittal rate was 33%, about the same as the 32% in the broader group.
More Cases Were Contested
The main difference in this pairing is how often the accused contested the charges. 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 96 of the 135 records: 45 guilty pleas and 51 contested cases. The contested share was 53%. For all Army, Navy, and Marine Corps cases charging Article 120b (child sexual abuse), the comparison group in this post, it was 36%. In this pairing, contested cases were about as common as guilty pleas.
Verdicts in Contested Cases
Of the 51 contested cases that reached a verdict, 17 ended in a full acquittal (33%). That is about the same as the 32% for all Article 120b cases. More of these cases were contested, and the full-acquittal rate was about the same.
Another 15 contested cases (29%) ended in a partial acquittal: not guilty of at least one charge or specification, and guilty of another.
Almost Every Conviction Included Confinement
There were 116 convictions on at least one charge, and 110 of them included confinement (95%). The median confinement was 3 years, slightly shorter than the 3.3 years median for all Article 120b cases. A quarter of the sentences were 9.8 years or longer.
Confinement of more than one year was given in 93 of 116 convictions (80%), compared with 76% in the comparison group. 50 convictions (43%) were more than 1 year but under 5 years, compared with 35%. 43 convictions (37%) were 5 years or more, lower than the 42% for all Article 120b cases.
Each sentence here is adjudged, meaning imposed at trial before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, all Army, Navy, and Marine Corps cases charging Article 120b |
|---|---|---|---|
| No confinement | 6 | 5% | 4% |
| Under 6 months | 5 | 4% | 5% |
| 6 months to 1 year | 12 | 10% | 15% |
| More than 1 year, under 5 years | 50 | 43% | 35% |
| 5 years or more | 43 | 37% | 42% |
Discharges and Dismissals
A punitive discharge was part of the sentence in 95% of enlisted convictions: 91 dishonorable and 12 bad-conduct. That is about the same as the 96% for all Article 120b cases. Only a general court-martial can impose a dishonorable discharge. Of 8 convicted officers or warrant officers, 6 were dismissed.
When no punitive discharge was adjudged, administrative separation was still possible. Those actions are not in court-martial records.
Other Charges in These Cases
In the comparison group, 163 of 563 Article 120b cases charged that article alone. Here every case also charged assault, and many included more: Article 120 (sexual assault) in 107 of the 135 cases, Article 80 (attempt) in 51, Article 134 (general article) in 38, and Article 82 (solicitation) in 10.
The Accused Were More Senior
NCOs made up 55% of the accused, junior enlisted members (E-1 to E-4) 37%, and officers 8%. For all Article 120b cases, junior enlisted members were 52%.
Almost every case was a general court-martial: 132 of 135, or 98%, compared with 96% for all Article 120b cases. Only 3 were special courts-martial, where confinement is capped at one year and a dishonorable discharge is not available.
Years and Installations
Trials took place from March 2013 through March 2026. The highest counts were 25 in 2017, 23 in 2021, and 18 in 2018. From 2022 on, no year had more than 7. The 2026 count covers part of the year.
Norfolk, Virginia and Okinawa, Japan had 15 cases each. Camp Lejeune, North Carolina had 11, and Bremerton, Washington and Marine Corps Base Hawaii, Kaneohe Bay had 8 each. These installations account for 42% of the 135 cases. Larger installations try more cases of every kind, so the counts do not by themselves say anything about one base.
Rule Changes and What the Records Do Not Show
Article 120b 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 Military Justice Act of 2016 took effect earlier, on January 1, 2019. Each change depends on the offense date, which these records do not include.
The records also do not show the evidence, the terms of plea agreements, or cases resolved by nonjudicial punishment or administrative separation. They do not explain any outcome.
For what the offense covers and how it is defended, see Article 120b 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 120b and Article 128 (135 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 120b (Rape and Sexual Assault of a Child): Court-Martial Data and Trends (hub)
- Article 128 (Assault): Court-Martial Data and Trends (hub)
- Child Sexual Abuse Plus General Article: Courts-Martial Charging Articles 120b and 134
- Child Sexual Abuse Plus Attempt: Courts-Martial Charging Articles 120b and 80
- When Article 120b and Article 82 Are Charged Together, How Do Cases End?
- Fewer or More? Child Sexual Abuse Charges at Army Courts-Martial, 2021–2025
- How Has Article 120b Changed in Air Force Courts-Martial Since 2016?
- Article 120b explained on the law firm's website
- Search every case in Military Trial Results (members)
Compare: federal court. Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b 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.