Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial
The median adjudged confinement for an Article 120 conviction involving an adult was 24 months, for 901 convictions with trial dates from 2016 to 2025. The median federal prison term for sexual abuse of an adult was 74 months (6.2 years), for 531 people sentenced in fiscal years 2016 to 2025. Federa
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In brief: The median adjudged confinement for an Article 120 conviction involving an adult was 24 months, for 901 convictions with trial dates from 2016 to 2025. The median federal prison term for sexual abuse of an adult was 74 months (6.2 years), for 531 people sentenced in fiscal years 2016 to 2025. Federal terms were higher, but the groups are built differently.
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.
How Do Article 120 and Federal Sentences Compare?
Of the 901 court-martial convictions, 792 with a sentence recorded (88%) included confinement. The median adjudged confinement was 24 months, and a quarter received 60 months or more. A total of 2 received confinement for life.
In federal court, 506 of 531 people (95%) received a prison term, and 15 (3%) received probation only. The median prison term was 74 months. A quarter received 151 months or more, and a quarter received 24 months or less. A total of 4 received a life sentence.
The federal median is higher than the court-martial median. A smaller share of the court-martial convictions included confinement than the federal share.
| Courts-martial, 2016–2025 | Federal court, FY2016–FY2025 | |
|---|---|---|
| Convictions or people sentenced | 901 | 531 |
| Sentenced to confinement or prison | 88% | 95% |
| Median confinement or prison | 24 months | 74 months |
| A quarter received this or more | 60 months | 151 months |
| Pleaded guilty | 364 of 829 with a plea recorded (44%) | 87% |
| Mandatory minimum applied | See the caveats | 1% |
What Each Side Counts
The court-martial group is convictions for sexual abuse of an adult under Article 120: rape, sexual assault, and abusive sexual contact. The data covers trial dates from 2016 to 2025. Court-martial sentences are as adjudged at trial, before any clemency or appeal.
The federal group is everyone sentenced in fiscal years 2016 to 2025 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, and 2244. The group does not include 724 cases under those guidelines where the statute shows a child victim, or 392 where the statute shows neither.
The federal data counts only people who were convicted and sentenced, and the prison terms are the terms imposed, not time served.
Why Federal Sexual Abuse Cases Are Different
Federal sexual abuse cases arise mostly in Indian Country and on other federal land. For civilians, most sexual assaults between adults are prosecuted by states. The federal group is therefore a narrow set of cases, and it is not a count of all sexual assaults by civilians.
Courts-martial hear these cases for service members wherever the conduct occurred. The UCMJ requires a dishonorable discharge or dismissal for a rape or sexual assault conviction under Article 120. Of the 834 enlisted members convicted, 703 received a punitive discharge (84%): 533 dishonorable discharges and 170 bad-conduct discharges. Among the officers, 58 were convicted and 46 were dismissed.
The 901 convictions include abusive sexual contact, and the mandatory discharge rule names only rape and sexual assault. The records here do not separate these offenses.
Guilty Pleas and Contested Cases
Guilty pleas were much less common at courts-martial than in federal court. Of 829 court-martial convictions with a plea recorded, 364 (44%) were guilty pleas. In federal court, 462 of 531 (87%) pleaded guilty, and 69 were convicted after a trial.
At courts-martial, the median confinement after a guilty plea was 22 months, based on 347 cases with confinement. In contested cases ending in conviction it was 26.8 months, based on 374 cases.
In federal court, the median prison term after a guilty plea was 63 months. After a trial it was 131.5 months, based on 66 people. Among federal guilty pleas, 97% had a written plea agreement.
Mandatory Minimums and Guideline Ranges
A federal mandatory minimum prison term applied to 7 people (1%). The court-martial records have a different structure, and the caveats below explain how to read the comparison.
Federal sentences were within the guideline range for 46% (246), below the range at the government's request for 27% (146), below the range without a government request for 17% (89), and above the range for 9% (50).
Differences by Service and Over Time
By service, the convictions were Army 335, Air Force 208, Navy 178, and Marine Corps 180. The median confinement was 22 months in the Army, 29.6 months in the Air Force, 30 months in the Navy, and 24 months in the Marine Corps. Guilty pleas where recorded were 14% in the Air Force and 78% in the Marine Corps.
For courts-martial, the median confinement for trials in 2016 to 2019 was 36 months, based on 237 cases with confinement. For trials in 2020 to 2025 it was 21.7 months, based on 553 cases. Federal medians by fiscal year ranged from 60 months in 2018 to 102 months in 2020, with a year-to-year pattern that does not show a steady direction.
| 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 the Records Cannot Show
The federal numbers by year rest on 40 to 64 people sentenced each year, so a few cases can change a median. The court-martial records have no criminal history field, while 62% of the federal group were in the lowest criminal history category.
The records do not show the facts of any case or how much time was served. They cannot show whether the difference in medians comes from the cases, the law, or the way each system sentences. The comparison describes sentences only and does not describe how often an accusation led to a conviction.
| 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% |
How We Counted
Courts-martial: convictions for sexual abuse of an adult (Article 120 rape, sexual assault, and abusive sexual contact) with trial dates in 2016 to 2025 (901). Federal: everyone sentenced in fiscal years 2016 to 2025 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) (531), U.S. Sentencing Commission individual data files.
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.
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.
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.
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.
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.
More Detail
Sexual Abuse of an Adult, year by year: 2016 · 2017 · 2018 · 2019 · 2020 · 2021 · 2022 · 2023 · 2024 · 2025.
Sexual Abuse of an Adult, by installation: Bremerton · Joint Base Lewis-McChord.
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 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
- Sexual Abuse of an Adult Charges: Federal Trial Acquittals vs. Contested Marine Corps Courts-Martial
- Sexual Abuse of an Adult Charges: Federal Trial Acquittals vs. Contested Navy Courts-Martial
- Guilty Pleas in Sexual Abuse of an Adult Cases: Federal Court vs. Courts-Martial
- Sexual Abuse of an Adult Convictions of Junior Enlisted (E-1 to E-4): Courts-Martial Compared With Federal Court
- Are Courts-Martial More Likely to End in Acquittal Than Federal Trials?
- Guilty Pleas in Federal Court vs. Courts-Martial, Year by Year
- Child Pornography Sentences: Federal Court vs. Courts-Martial, 2016–2025
- Federal Law Has No Crime of Drug Use: How Article 112a Cases Compare
- Drug Distribution and Importation: Federal vs. Court-Martial Sentences, 2016–2025
- Child Sexual Abuse and Enticement: Federal Cases vs. Article 120b Courts-Martial
- Theft and Fraud by Dollar Loss: Federal Sentences vs. Article 121 Courts-Martial
- Sexual Abuse of an Adult: Federal Sentences vs. Army Courts-Martial
- Sexual Abuse of an Adult: Federal Sentences vs. Air Force Courts-Martial, 2016–2025
- Sexual Abuse of an Adult: Federal Sentences vs. Navy Courts-Martial, 2016–2025
- Sexual Abuse of an Adult: Federal Sentences vs. Marine Corps Courts-Martial
- Sexual Abuse of an Adult: Sentences After a Guilty Plea vs. After Trial, Federal Court and Courts-Martial
- 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.