Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial
The median confinement for Army courts-martial that ended in a conviction for sexual abuse of an adult was 22 months, with 335 convictions counted. In federal court, the median prison term for the 531 people sentenced for a comparable offense in fiscal years 2016 to 2025 was 74 months. The groups ar
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In brief: The median confinement for Army courts-martial that ended in a conviction for sexual abuse of an adult was 22 months, with 335 convictions counted. In federal court, the median prison term for the 531 people sentenced for a comparable offense in fiscal years 2016 to 2025 was 74 months. The groups are defined differently, and the sections below explain what each number counts.
This post uses the U.S. Sentencing Commission's records of 531 people sentenced in federal court in fiscal years 2016 to 2025, 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 the Typical Army Sentence?
The Army records show 335 convictions for sexual abuse of an adult. The offense group is Article 120 rape, sexual assault, and abusive sexual contact. The Army trial dates in this count run from 2021 to 2025.
Of the 335 convictions, 292 (87%) included confinement. The median adjudged confinement was 22 months. A quarter of the convictions carried 48 months or more, and 1 carried confinement for life.
| Army courts-martial | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 335 | 531 |
| Sentenced to confinement or prison | 87% | 95% |
| Median confinement or prison | 22 months | 74 months |
| A quarter received this or more | 48 months | 151 months |
| Pleaded guilty | 144 of 335 with a plea recorded (43%) | 87% |
| Mandatory minimum applied | See the caveats | 1% |
Discharges and Type of Court-Martial
Of the 308 enlisted members convicted, 251 received a punitive discharge (81%). That total is 176 dishonorable discharges and 75 bad-conduct discharges.
Among the 27 officers convicted, 20 were dismissed. A general court-martial heard 317 of the 335 convictions (95%).
Did a Guilty Plea Change the Army Result?
A plea was recorded for 335 convictions, and 144 of them (43%) were guilty pleas. The median confinement after a guilty plea was 15 months, based on 133 cases with confinement.
In contested cases that ended in a conviction, the median confinement was 30 months, based on 158 cases with confinement. A contested case is one where the accused pleaded not guilty to at least one charge.
What Federal Court Shows for the Same Kind of Offense
The U.S. Sentencing Commission data covers 531 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). Of these, 506 (95%) received a prison term, and 15 (3%) received probation only.
Among those sent to prison, a quarter received 151 months or more and a quarter received 24 months or less. The federal median after a guilty plea was 63 months. After a trial it was 131.5 months, based on 66 people.
In federal court, 462 of the 531 people (87%) pleaded guilty. A mandatory minimum prison term applied to 7 people (1%).
How Does the Army Compare With the Other Services?
The table lists all services over the same window. The Army had the most convictions and the lowest median confinement of the services, at 22 months. The Air Force median was 29.6 months, the Navy median was 30 months, and the Marine Corps median was 24 months.
The Army share of guilty pleas, 43%, was between the Air Force figure of 14% and the Marine Corps figure of 78%. Air Force plea information is missing for most trials before 2020, so that figure should be read with care.
| Service | Convictions, 2016–2025 | With confinement | Median confinement | Punitive discharge (enlisted) | Guilty pleas (where recorded) |
|---|---|---|---|---|---|
| Army | 335 | 87% | 22 months | 81% | 43% |
| Air Force | 208 | 88% | 29.6 months | 89% | 14% |
| Navy | 178 | 85% | 30 months | 77% | 47% |
| Marine Corps | 180 | 92% | 24 months | 91% | 78% |
What These Records Cannot Show
Court-martial sentences are as adjudged at trial, before any clemency or appeal. Federal prison terms are the terms imposed, not time served. Federal fiscal years run from October 1 to September 30, and the court-martial numbers are by trial date.
Court-martial records have no criminal history field, while 62% of the federal group were in the lowest criminal history category. The records also do not show the facts of any case, so they cannot explain why the sets of medians differ.
How We Counted
Army courts-martial with trial dates in 2016 to 2025 ending in a conviction for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) (335). Federal: 531 people sentenced 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), fiscal years 2016 to 2025 (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.
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.
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.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
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: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- 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 Sentences Since the 2023 Military Sentencing Reform: What the Data Shows So Far
- Sexual Abuse of an Adult Charges: Federal Trial Acquittals vs. Contested Army Courts-Martial
- Sexual Abuse of an Adult Charges: How Often Federal Trials and Courts-Martial End in Acquittal
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials? (related comparison)
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year (related comparison)
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025 (related comparison)
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare (related comparison)
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025 (related comparison)
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial (related comparison)
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial (related comparison)
- 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)
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (court-martial data)
- Army Courts-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.