Sexual Abuse of an Adult Sentences in 2016: Federal Court vs. Courts-Martial
In 2016, the median confinement in 41 court-martial convictions for sexual abuse of an adult was 27 months. In federal court in fiscal year 2016, 63 people were sentenced for this type of offense, and the median prison term was 70 months. Only 32% of the court-martial convictions with a plea recorde
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In brief: In 2016, the median confinement in 41 court-martial convictions for sexual abuse of an adult was 27 months. In federal court in fiscal year 2016, 63 people were sentenced for this type of offense, and the median prison term was 70 months. Only 32% of the court-martial convictions with a plea recorded came from a guilty plea, compared with 83% of the federal cases.
This post uses the U.S. Sentencing Commission's records of 63 people sentenced in federal court in fiscal year 2016, compared with court-martial results from this site's Military Trial Results data (updated November 2, 2026). Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
How Did These Cases Reach a Sentence?
Of 37 court-martial convictions with a plea recorded in 2016, 12 were guilty pleas. The rest came from contested cases, where the accused pleaded not guilty to at least part of the charges. In federal court, 52 of the 63 people pleaded guilty, and 11 were convicted after a trial.
Federal guilty pleas almost always followed a written plea agreement. In fiscal year 2016, 98% of the guilty pleas had one, and 2% were straight pleas with no agreement.
After a federal guilty plea, the median prison term was 60 months. After a federal trial, it was 150 months. The trial figure rests on 10 people convicted at trial and sent to prison, which is a small group.
At courts-martial, the order was reversed. The median confinement after a guilty plea was 30 months, across 12 cases with confinement. Contested cases ending in conviction had a median of 21 months, across 18 cases with confinement. Both groups are small, and one year of counts this size is not a trend.
Confinement and Prison Terms in 2016
34 of the 41 court-martial convictions with a sentence recorded (83%) included confinement. In federal court, 61 of 63 (97%) received a prison term, and 0 received probation only.
The court-martial median was 27 months, or 2.2 years, and a quarter of those convicted received 72 months or more. The federal median among those sent to prison was 70 months (5.8 years). A quarter received 168 months or more, and a quarter received 36 months or less.
These sentences are measured at different points. Court-martial confinement is the sentence adjudged at trial, before any clemency or appeal. A federal prison term is the term the judge imposed, not the time actually served.
| Courts-martial, 2016 | Federal court, FY2016 | |
|---|---|---|
| Convictions or people sentenced | 41 | 63 |
| Sentenced to confinement or prison | 83% | 97% |
| Median confinement or prison | 27 months | 70 months |
| A quarter received this or more | 72 months | 168 months |
| Pleaded guilty | 12 of 37 with a plea recorded (32%) | 83% |
| Mandatory minimum applied | See the caveats | 1 of 63 with the information (2%) |
Who Was Counted on Each Side
The court-martial column covers Article 120 rape, sexual assault, and abusive sexual contact convictions with a trial date in calendar year 2016. Of the 41, 15 were Air Force cases and 26 were Navy cases. Army court-martial records in this data begin in 2020, so 2016 has no Army cases.
The federal column counts people sentenced in fiscal year 2016, which ran from October 1, 2015 to September 30, 2016. It includes cases sentenced under guideline §2A3.1 or §2A3.4 where the statute of conviction shows an adult victim (18 U.S.C. 2241(a)/(b), 2242, 2244). The court-martial and federal columns therefore cover different calendar windows.
Discharges and Other Penalties
Of the 38 enlisted members convicted at courts-martial, 30 received a punitive discharge (79%). That figure includes 26 dishonorable discharges and 4 bad-conduct discharges. The 2 officers convicted were both dismissed, which is the officer form of a punitive discharge.
37 of the 41 convictions (90%) were at a general court-martial, the highest level of military trial court.
Federal sentences include parts with no court-martial match. 61 people (97%) were ordered to serve supervised release after prison, with a median term of 60 months, and 9 (14%) received supervised release for life. A fine was ordered for 2 (3%), and restitution for 16 (25%).
Where Federal Sentences Fell Against the Guidelines
A federal judge calculates a guideline range before imposing a sentence. In fiscal year 2016, 41% (26) of these sentences were within the range. Another 32% (20) were below the range at the government's request, and 19% (12) were below it without a government request. 5 people (8%) received a sentence above the range.
A mandatory minimum prison term applied to 1 person (2%). On criminal history, 62% were in the lowest category, category I, and 2% in the highest (VI). Court-martial records have no criminal history field, so this factor cannot be compared.
2016 in the Longer Record
Over all years in the data, there were 901 court-martial convictions with trial dates from 2016 to 2025, with a median confinement of 24 months. Federal courts sentenced 531 people in fiscal years 2016 to 2025, with a median prison term of 74 months. The table lists each federal fiscal year separately.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 63 | 70 months | 83% |
| 2017 | 58 | 70 months | 95% |
| 2018 | 41 | 60 months | 95% |
| 2019 | 64 | 85.5 months | 86% |
| 2020 | 40 | 102 months | 83% |
| 2021 | 45 | 84 months | 87% |
| 2022 | 59 | 61.5 months | 88% |
| 2023 | 55 | 72 months | 85% |
| 2024 | 53 | 65 months | 81% |
| 2025 | 53 | 90 months | 89% |
Limits of These Records
The records do not describe the facts of each case, the strength of the evidence, or why a case went to trial instead of ending in a plea. They count convictions and sentences only, so cases that ended in acquittal or dismissal are not part of these numbers. A gap between the court-martial and federal numbers describes these groups of cases and does not show how either system would sentence the same conduct.
How We Counted
Courts-martial with a trial date in 2016 ending in a conviction for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) (41). Federal: people sentenced in fiscal year 2016 under primary sentencing guideline §2A3.1 or §2A3.4 where the statute of conviction shows an adult victim (18 U.S.C. 2241(a)/(b), 2242, 2244) (63), U.S. Sentencing Commission.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
Who is in each set of numbers. The federal sentencing numbers come from the U.S. Sentencing Commission. They count only people who were convicted and sentenced in federal district court. People whose cases were dismissed or who were acquitted are not in them. The military numbers come from court-martial results, which include acquittals. To compare acquittal or dismissal rates, the federal side uses a different source: the Federal Judicial Center's case data, which counts every defendant whose case ended.
Different cases reach each system. Federal prosecutors bring a narrow set of cases. In fiscal year 2024, immigration and drug trafficking cases were 59% of everyone sentenced in federal court (36,664 of 61,678). Many crimes that the military prosecutes, such as most assaults, most sexual assaults between adults, and drug use, are usually state crimes for civilians and reach federal court only in special situations, such as on federal land or in Indian Country. A federal case and a court-martial for the same crime can involve different kinds of facts.
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Military confinement credit and parole. For military sentences adjudged after 2004, good conduct time is 5 days for each month of confinement, about 16%. Military prisoners can also earn up to 8 more days a month for work and programs and up to 2 days a month for special acts, with a limit of 15 days a month in total. Military prisoners can be considered for parole by their service's clemency and parole board. The military numbers in this post are the confinement adjudged at trial, not the time served.
Military sentences include punishments federal sentences do not. A court-martial sentence can include a punitive discharge (bad-conduct discharge, dishonorable discharge, or dismissal for officers), reduction in rank, and forfeiture of pay. These have no federal counterpart. A comparison of months of confinement leaves them out. A short confinement term combined with a dishonorable discharge is a heavier sentence than the months alone show.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
Offense categories do not line up exactly. Each comparison uses a federal offense group chosen to match the military article as closely as possible (see the crosswalk). Some matches are close; others are partial. The post says which federal guideline or statute was used and why it is not an exact match.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial (overview)
- Sexual Abuse of an Adult Sentences in 2017: Federal Court vs. Courts-Martial (previous or next year)
- Sexual Abuse of an Adult Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Sexual Abuse of an Adult: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial
- Sexual Abuse of an Adult: Federal Sentences vs. Marine Corps Courts-Martial
- Sexual Abuse of an Adult: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Sexual Abuse of an Adult: Courts-Martial at Bremerton vs. Federal Court in the Western District of Washington
- Sexual Abuse of an Adult: Courts-Martial at Joint Base Lewis-McChord vs. Federal Court in the Western District of Washington
- Fewer or More? Sexual Assault Charges at Army Courts-Martial, 2021–2025 (court-martial data)
- Article 120 Sentences in the Army: Confinement and Discharges, 2021–2025 (court-martial data)
- Fighting an Army Sexual Assault Charge: How Contested Cases Ended (court-martial data)
- When Army Accused Plead Guilty to Sexual Assault (court-martial data)
- Is Air Force Sexual Assault Prosecution Rising or Falling? Article 120, 2016–2025 (court-martial data)
- How Much Confinement for an Article 120 Conviction in the Air Force? (court-martial data)
- When Air Force Accused Plead Guilty to Sexual Assault (court-martial data)
- Is Navy-Marine Corps Sexual Assault Prosecution Rising or Falling? Article 120, 2017–2025 (court-martial data)
- Article 120 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025 (court-martial data)
- Not Guilty Pleas in Navy-Marine Corps Article 120 Cases: What Happened at Trial (court-martial data)
- Guilty Pleas in Navy-Marine Corps Sexual Assault Cases: How Often, and What Came Next (court-martial data)
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (court-martial data)
- Article 120 UCMJ Explained by a Former Special Victim Prosecutor (law firm reference page)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
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.