Sexual Abuse of an Adult Sentences in 2021: Federal Court vs. Courts-Martial
Courts-martial recorded 192 convictions for sexual abuse of an adult with 2021 trial dates, including 111 in the Army, and the median confinement was 19 months. Federal court sentenced 45 people for this kind of offense in fiscal year 2021, with a median prison term of 84 months. A guilty plea at co
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In brief: Courts-martial recorded 192 convictions for sexual abuse of an adult with 2021 trial dates, including 111 in the Army, and the median confinement was 19 months. Federal court sentenced 45 people for this kind of offense in fiscal year 2021, with a median prison term of 84 months. A guilty plea at court-martial came with a median of 12 months of confinement, lower than the 24 months in contested cases.
This post uses the U.S. Sentencing Commission's records of 45 people sentenced in federal court in fiscal year 2021, 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.
Army Cases in the 2021 Count
Army court-martial records in this data begin in 2020. In 2021, Army cases made up 111 of the 192 convictions. The rest were 22 Air Force, 21 Navy, and 38 Marine Corps convictions. Earlier years in this data have no Army cases, so the 2021 count is not directly comparable with them.
All 192 were convictions for Article 120 rape, sexual assault, and abusive sexual contact, by calendar year of trial. 167 of them (87%) were at a general court-martial.
Plea Versus Contested Case at Court-Martial
Of 189 convictions with a plea recorded, 79 (42%) were guilty pleas. The median confinement after a guilty plea was 12 months, across 74 cases with confinement.
Contested cases that ended in conviction had a median of 24 months, across 89 cases with confinement. A contested case is one where the accused pleaded not guilty to some or all charges.
The records show these medians but not the charges or facts in each group, so they cannot show what effect the plea itself had.
The Federal Group in Fiscal Year 2021
Fiscal year 2021 ran from October 1, 2020 to September 30, 2021. The 45 people in the federal count were 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).
42 of the 45 (93%) received a prison term, and 2 (4%) received probation only. The median prison term of 84 months equals 7 years. A quarter received 162 months or more, and a quarter received 27.8 months or less. On the military side, 166 of 192 convictions with a sentence recorded (86%) included confinement, and a quarter received 39.4 months or more.
Court-martial confinement is the sentence adjudged at trial, before clemency or appeal. Federal prison terms are those imposed, not those served.
| Courts-martial, 2021 | Federal court, FY2021 | |
|---|---|---|
| Convictions or people sentenced | 192 | 45 |
| Sentenced to confinement or prison | 86% | 93% |
| Median confinement or prison | 19 months | 84 months |
| A quarter received this or more | 39.4 months | 162 months |
| Pleaded guilty | 79 of 189 with a plea recorded (42%) | 87% |
| Mandatory minimum applied | See the caveats | 0 of 45 with the information (0%) |
Federal Pleas, Trials, and the Guideline Range
39 of 45 people (87%) pleaded guilty, and 6 were convicted after a trial. The median prison term was 81 months after a guilty plea and 106 months after a trial, with the trial figure based on 6 people. Of the guilty pleas, 95% had a written plea agreement and 5% were straight pleas.
40% (18) of federal sentences were within the guideline range. 29% (13) were below it at the government's request, 18% (8) below it without such a request, and 13% (6) above it. A mandatory minimum applied to 0 (0%).
49% were in criminal history category I, and 2% were in category VI. Courts-martial keep no criminal history field in these records.
Discharges and Post-Prison Supervision
Among the 180 enlisted members convicted at courts-martial, 139 received a punitive discharge (77%). Dishonorable discharges numbered 93 and bad-conduct discharges 46. Of the 11 officers convicted, 7 were dismissed.
In federal court, 42 people (93%) were ordered to serve supervised release after prison, with a median term of 60 months. 9 (20%) received supervised release for life. A fine was ordered for 4 (9%), and restitution for 7 (16%).
The Federal Table, 2016 to 2025
Over all years, there were 901 court-martial convictions with trial dates from 2016 to 2025 and 531 people sentenced in federal court in fiscal years 2016 to 2025. The all-years medians were 24 months of confinement and 74 months of prison.
| 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% |
What Cannot Be Read From These Numbers
A single year cannot establish a trend. The records exclude acquittals and dismissals, and they say nothing about the evidence in any case. They do not show what sentence a given case would have drawn in the other system.
How We Counted
Courts-martial with a trial date in 2021 ending in a conviction for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) (192). Federal: people sentenced in fiscal year 2021 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) (45), 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 2020: Federal Court vs. Courts-Martial (previous or next year)
- Sexual Abuse of an Adult Sentences in 2022: 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.