How Navy-Marine Corps Sexual Assault Cases Ended in 2017

Trends › By Offense › Article 120 › Navy-Marine Corps, 2017

Based on 94 cases · 2017 · Navy and Marine Corps records · data updated October 24, 2026

Most Contested Cases Ended in a Full Acquittal

A case is contested when the accused pleads not guilty to at least one charge, with either a not-guilty plea or a mixed plea. Of the 32 contested Article 120 cases that reached a verdict in 2017, 20 ended in a full acquittal (not guilty of every charge).

That full-acquittal rate of 62% was higher than the 54% for all Navy and Marine Corps cases in 2017. None of the decided contested cases ended in a partial acquittal, where the accused is acquitted of some charges and convicted of others. Each contested case ended either in a full acquittal or in a conviction with no not-guilty findings.

Pleas Were Often Missing From the Records

Only 53 of the 94 records list a plea. Of those, 21 accused pleaded guilty and 32 contested at least one charge. Navy and Marine Corps records from before December 2020 often leave out the plea. The 60% contested share therefore uses only the cases where the plea was recorded.

Across all Navy and Marine Corps cases in 2017, 26% were contested. Article 120 cases were contested much more often than the typical court-martial.

Long Confinement After a Conviction

There were 68 convictions on at least one charge, and 64 of them included confinement. The median confinement was 4 years, compared with 8 months for all Navy and Marine Corps cases in 2017. A quarter of the terms with confinement were 10 years or longer.

These figures are adjudged sentences: what the court announced at trial, before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case, not only the Article 120 charge.

Sentence Lengths

Most of these sentences were long. Of the 68 convictions, 29 (43%) included 5 years or more, compared with 10% across the service. Another 24 (35%) were between 1 and 5 years.

In all, 53 convictions (78%) included more than a year, compared with 31% across the Navy and Marine Corps. Only a general court-martial can impose more than one year of confinement. A special court-martial is capped at one year. Only 4 convictions (6%) included no confinement.

Almost All Cases Were General Courts-Martial

A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. Of the 94 cases, 85 were general courts-martial and 9 were special courts-martial. The general court-martial share of 90% compares with 44% for all Navy and Marine Corps cases in 2017.

Among the accused with rank recorded, 46 were junior enlisted members, 33 were NCOs, and 5 were officers. The accused here were more senior than in all Navy and Marine Corps cases that year.

Discharges and Dismissals

For an enlisted member, a punitive discharge is a bad-conduct or dishonorable discharge. For an officer, the equivalent is a dismissal. Of 64 convicted enlisted members, 57 received a punitive discharge: 48 dishonorable discharges and 9 bad-conduct discharges. That 89% rate compares with 68% across all Navy and Marine Corps cases in 2017.

The records list 2 convicted officers or warrant officers, and both were sentenced to dismissal. A sentence without a punitive discharge does not rule out a later administrative separation, which is not in these records.

Rarely the Only Charge

Article 120 was the only charge in just 8 of the 94 cases. Article 128 (assault) was also charged in 74, Article 120b (child sexual abuse) in 28, Article 80 (attempt) in 24, Article 134 (general article) in 21, and Article 107 (false official statement) in 8. Sentences cover every charge, so the confinement figures above include these other charges.

How 2017 Compared With 2016

The number of cases went from 48 in 2016 to 94 in 2017. The contested share went from 75% to 60%. Full acquittals in decided contested cases went from 22 of 36 to 20 of 32. Median confinement went from 2.2 years to 4 years. Punitive discharges for convicted enlisted members went from 83% to 89%.

The general court-martial share was 92% in 2016 and 90% in 2017. Groups this size can change by a few cases, so year-to-year changes show direction, not precise change.

Installations and the Limits of the Records

Norfolk, Virginia, tried 12 of these cases. Okinawa, Japan, tried 11; San Diego, California, 9; and Yokosuka, Japan, and Bremerton, Washington, 7 each. Together those installations account for 49% of the 94 cases. Larger bases try more cases of every kind, so a high count says little on its own.

All of these trials took place before the Military Justice Act of 2016 took effect on January 1, 2019. Its fixed panel sizes, judge-alone special courts-martial, and written plea agreements did not apply. Article 120 was rewritten in 2012, and each case was charged under the version in force when the offense happened. The records give trial dates, not offense dates. They do not describe the evidence, plea terms, or matters handled through nonjudicial punishment or administrative separation.

For what the offense covers and how it is defended, see Article 120 on the law firm's website. Dates and sources for the law changes: UCMJ change timeline.

Compare: federal court. Sexual Abuse of an Adult: Federal Cases vs. Article 120 Courts-Martial

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.