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Sexual Abuse of an Adult Sentences in 2019: Federal Court vs. Courts-Martial

For sexual abuse of an adult, the median federal prison term in fiscal year 2019 was 85.5 months across 64 people sentenced. The median court-martial confinement for 54 convictions with 2019 trial dates was 36 months. The longest sentences were closer: a quarter of court-martial convictions carried

Understanding Trends in Military Practice · 9 min read

Trends › Federal Prosecution Analysis › Sexual Abuse of an Adult › Sexual Abuse of an Adult: 2019

In brief: For sexual abuse of an adult, the median federal prison term in fiscal year 2019 was 85.5 months across 64 people sentenced. The median court-martial confinement for 54 convictions with 2019 trial dates was 36 months. The longest sentences were closer: a quarter of court-martial convictions carried 110.9 months or more, against 123.8 months or more for a quarter of federal prison terms.

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 64 people sentenced in federal court in fiscal year 2019, 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.

What Was Compared

On the military side, the count is 54 convictions for Article 120 rape, sexual assault, and abusive sexual contact with a trial date in calendar year 2019. Of these, 21 were Air Force, 21 were Navy, and 12 were Marine Corps. Army court-martial records in this data begin in 2020, so there are no Army cases for 2019.

On the federal side, the count is people sentenced in fiscal year 2019, from October 1, 2018 to September 30, 2019. They were sentenced under guideline §2A3.1 or §2A3.4, and the statute of conviction shows an adult victim (18 U.S.C. 2241(a)/(b), 2242, 2244).

One side counts convictions and the other counts people sentenced. The time periods also differ by several months.

Sentence Lengths in 2019

The court-martial median of 36 months equals 3 years. The federal median of 85.5 months equals 7.1 years and is drawn only from people sent to prison. At the lower end, a quarter of federal prison terms were 20.2 months or less.

Court-martial figures are adjudged sentences, set at trial and before any clemency or appeal. Federal figures are terms imposed, not time served.

Confinement was ordered in 44 of the 54 court-martial convictions with a sentence recorded (81%). In federal court, 60 of the 64 (94%) received a prison term, and 3 (5%) received probation only, with no confinement of any kind.

Courts-martial, 2019Federal court, FY2019
Convictions or people sentenced5464
Sentenced to confinement or prison81%94%
Median confinement or prison36 months85.5 months
A quarter received this or more110.9 months123.8 months
Pleaded guilty17 of 47 with a plea recorded (36%)86%
Mandatory minimum appliedSee the caveats0 of 64 with the information (0%)

Did a Guilty Plea Change the Sentence?

Guilty pleas accounted for 17 of the 47 court-martial convictions with a plea recorded (36%). After a guilty plea, the median confinement was 54 months (16 cases with confinement). After a contested case ended in conviction, it was 29.9 months (21 cases with confinement). The groups are small, and the records do not describe the charges behind each one.

Federal court had more guilty pleas: 55 of 64 people (86%). 9 were convicted after a trial. The median prison term after a guilty plea was 60 months, and after a trial it was 121 months, based on 7 people convicted at trial and sent to prison. A written plea agreement was part of 96% of the federal guilty pleas, and 4% were straight pleas.

Federal Sentences and the Guideline Range

In fiscal year 2019, 53% (34) of these federal sentences were within the guideline range. 31% (20) were below it at the government's request, and 14% (9) were below it without one. Only 1 sentence (2%) was above the range.

No mandatory minimum prison term applied: 0 (0%). On criminal history, 58% were in category I, the lowest, and 2% were in category VI, the highest. Courts-martial do not record criminal history in this data.

Discharges, Supervision, and Restitution

At courts-martial, 41 of the 49 enlisted members convicted received a punitive discharge (84%): 36 dishonorable discharges and 5 bad-conduct discharges. 5 officers were convicted, and 4 were dismissed. 51 of the 54 convictions (94%) were at a general court-martial.

In federal court, 60 people (94%) were ordered to serve supervised release after prison, with a median term of 60 months. 6 (9%) received supervised release for life. Restitution was ordered for 17 (27%), and a fine for 2 (3%).

All Years for Context

The 2019 numbers are one year of a longer record. In total, 901 court-martial convictions have trial dates from 2016 to 2025, with a median confinement of 24 months. 531 people were sentenced in federal court in fiscal years 2016 to 2025, with a median prison term of 74 months.

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 Records Do Not Cover

The data does not include the evidence, the victim's account, or the reasons for a plea or a trial. It omits acquittals and dismissals. It cannot say what any case would have received in the other system.

How We Counted

Courts-martial with a trial date in 2019 ending in a conviction for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) (54). Federal: people sentenced in fiscal year 2019 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) (64), 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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