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Sexual Abuse of an Adult Sentences in 2017: Federal Court vs. Courts-Martial

Federal prison terms for sexual abuse of an adult were longer than court-martial confinement in this year: a median of 70 months for 58 people sentenced in federal court in fiscal year 2017, against 44.9 months for 89 court-martial convictions with 2017 trial dates. At the top end the gap was smalle

Understanding Trends in Military Practice · 9 min read

Trends › Federal Prosecution Analysis › Sexual Abuse of an Adult › Sexual Abuse of an Adult: 2017

In brief: Federal prison terms for sexual abuse of an adult were longer than court-martial confinement in this year: a median of 70 months for 58 people sentenced in federal court in fiscal year 2017, against 44.9 months for 89 court-martial convictions with 2017 trial dates. At the top end the gap was smaller. A quarter of the court-martial convictions carried 110.9 months or more, and a quarter of the federal prison terms were 120 months or more.

Updated November 3, 2026 · Sources: U.S. Sentencing Commission and Federal Judicial Center, fiscal years 2016–2025 · Military Trial Results

This post uses the U.S. Sentencing Commission's records of 58 people sentenced in federal court in fiscal year 2017, 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.

Median Sentences in 2017

The court-martial median of 44.9 months equals 3.7 years. It is the sentence adjudged at trial, before any clemency or appeal. The federal median of 70 months equals 5.8 years and counts only people sent to prison. It is the term imposed by the judge, not the time later served.

Confinement was part of nearly every sentence on both sides. 84 of the 89 court-martial convictions with a sentence recorded (94%) included confinement. In federal court, 56 of 58 (97%) received a prison term, and 1 person (2%) received probation only.

At the low end, a quarter of the federal prison terms were 29 months or less.

Courts-martial, 2017Federal court, FY2017
Convictions or people sentenced8958
Sentenced to confinement or prison94%97%
Median confinement or prison44.9 months70 months
A quarter received this or more110.9 months120 months
Pleaded guilty43 of 68 with a plea recorded (63%)95%
Mandatory minimum appliedSee the caveats0 of 58 with the information (0%)

Guilty Pleas Drew Longer Military Sentences This Year

In 2017, 43 of the 68 court-martial convictions with a plea recorded (63%) were guilty pleas. The median confinement after a guilty plea was 72 months, across 43 cases with confinement. Contested cases that ended in conviction had a median of 21.8 months, across 20 cases with confinement.

These are single-year counts, and the contested group is small. The records do not say why the guilty-plea group received longer terms. The charges and facts in each group may differ.

In federal court, the guilty plea was close to universal. 55 of the 58 people (95%) pleaded guilty, and 3 were convicted after a trial. The median prison term after a guilty plea was 60 months. After a trial it was 121 months, a figure based on just 3 people. Among federal guilty pleas, 98% had a written plea agreement.

Which Services and Which Years Are Included

The 89 court-martial convictions break down as 21 Air Force, 34 Navy, and 34 Marine Corps. The Army is absent because Army court-martial records in this data start in 2020. Each conviction is for Article 120 rape, sexual assault, or abusive sexual contact.

Court-martial years follow the calendar and the trial date. The federal count uses fiscal year 2017, which ran from October 1, 2016 to September 30, 2017. It covers people 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).

Discharge From the Service

Of the 83 enlisted members convicted, 76 received a punitive discharge (92%). There were 65 dishonorable discharges and 11 bad-conduct discharges. All 4 officers convicted were dismissed. 82 of the 89 convictions (92%) were at a general court-martial.

Release Terms, Fines, and Restitution in Federal Court

After prison, 56 federal defendants (97%) were ordered to serve supervised release. The median term was 60 months, and 10 (17%) received supervised release for life.

Fines were uncommon: 2 people (3%). Restitution was ordered for 9 (16%). No mandatory minimum prison term applied to anyone in this group: 0 (0%).

How Federal Judges Used the Guideline Range

Of the 58 federal sentences, 48% (28) were within the guideline range. Below-range sentences at the government's request made up 31% (18). Another 16% (9) were below the range without a government request, and 5% (3) were above it.

In criminal history, 59% were in category I, the lowest, and 5% were in category VI, the highest. Court-martial records have no field for criminal history.

The Federal Years Around 2017

For context, the full data holds 901 court-martial convictions with trial dates from 2016 to 2025 and a median confinement of 24 months. The federal side holds 531 people sentenced in fiscal years 2016 to 2025, with a median prison term of 74 months. The yearly federal figures appear in the table below.

Fiscal yearPeople sentencedMedian prisonPleaded guilty
20166370 months83%
20175870 months95%
20184160 months95%
20196485.5 months86%
202040102 months83%
20214584 months87%
20225961.5 months88%
20235572 months85%
20245365 months81%
20255390 months89%

What the Numbers Leave Out

These records count convictions and sentences. They do not include acquittals, dismissed cases, or the evidence behind each case. They also cannot show whether a given case would have received a different sentence in the other system.

How We Counted

Courts-martial with a trial date in 2017 ending in a conviction for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) (89). Federal: people sentenced in fiscal year 2017 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) (58), 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

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.

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