How Navy-Marine Corps Sexual Assault Cases Ended in 2023
In 2023, 33 Navy and Marine Corps courts-martial charged Article 120 (sexual assault), and 73% of them were contested, compared with 32% across the service. Of 24 contested cases that reached a verdict, 14 ended in a full acquittal (58%).
Understanding Trends in Military Practice · 6 min read
Trends › By Offense › Article 120 › Navy-Marine Corps, 2023
Short answer: In 2023, 33 Navy and Marine Corps courts-martial charged Article 120 (sexual assault), and 73% of them were contested, compared with 32% across the service. Of 24 contested cases that reached a verdict, 14 ended in a full acquittal (58%). That was much higher than the 22% rate for all Navy and Marine Corps cases that year.
Most of the Accused Pleaded Not Guilty
Every case in this group has a plea on record: 24 not-guilty or mixed pleas and 9 guilty pleas. A case is contested when the accused pleads not guilty to at least one charge. That makes 73% of these cases contested.
Across all Navy and Marine Corps cases in 2023, the contested share was 32%. In 2023, sexual assault cases were contested much more often than the average court-martial.
How Contested Cases Ended
All 24 contested cases reached a verdict. In 14, the accused was found not guilty of every charge, a full-acquittal rate of 58%. In 3 more, the result was a partial acquittal: not guilty of at least one charge or specification but guilty of another.
The full-acquittal rate for the service was 22%. Contested Article 120 cases ended in a full acquittal much more often than contested courts-martial in general.
Nearly All Cases Were General Courts-Martial
Of the 33 cases, 30 were general courts-martial and 3 were special courts-martial. The general court-martial share of 91% compares with 46% in all Navy and Marine Corps cases in 2023.
The court level affects the possible sentence. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge or dismissal. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.
Confinement After a Conviction
Of the 33 cases, 19 ended in a conviction on at least one charge. Confinement was part of 84% of them. Half of the terms were 1.5 years or less, and a quarter were 3 years or more. The median for the Navy and Marine Corps as a whole was 6 months.
These figures are adjudged sentences, the punishment set at trial before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, including assault and other charges brought with Article 120.
Punitive Discharges and a Dismissal
Of 17 convicted enlisted members, 14 received a punitive discharge: 10 dishonorable discharges and 4 bad-conduct discharges. That is 82%, compared with 63% across all Navy and Marine Corps cases in 2023.
The records show 1 convicted officer or warrant officer, who was sentenced to dismissal. A sentence without a punitive discharge does not rule out a later administrative separation, which is not in these records.
Who Was Accused
Junior enlisted members (E-1 to E-4) made up 61% of the accused, NCOs 29%, and officers 10%. Across the service, junior enlisted members were 65% of the accused. The rank mix here was about the same as in all Navy and Marine Corps cases.
In a group of 33 cases, the 10% officer share is only a few people. The records do not show the officers' grades or duties.
Fewer Kinds of Other Charges
At least one other article was charged in 27 of the 33 cases. Article 128 (assault) was the most common, in 19 cases. Article 134 (general article) appeared in 3, and Article 120c (indecent recording and exposure), Article 125 (kidnapping), and Article 92 (orders violation) in 2 each.
Year Over Year
The number of cases was almost the same: 32 in 2022 and 33 in 2023. The contested share went from 47% to 73%, and the general court-martial share from 69% to 91%. Median confinement went from 8 months to 1.5 years.
Full acquittals in decided contested cases went from 10 of 15 to 14 of 24. Convictions that included confinement went from 91% to 84%. Punitive discharges for convicted enlisted members were 82% in both years. Small groups can change by a few cases, so these figures show direction only.
| 2022 | 2023 | |
|---|---|---|
| Cases | 32 | 33 |
| Contested (of pleas recorded) | 47% | 73% |
| Full acquittals (decided contested) | 10 of 15 | 14 of 24 |
| Convictions with confinement | 91% | 84% |
| Median confinement | 8 months | 1.5 years |
| Punitive discharge (enlisted) | 82% | 82% |
| General courts-martial | 69% | 91% |
Installations and Missing Information
San Diego, California, tried 9 of these cases, and Norfolk, Virginia, tried 7. Yokosuka, Japan, tried 3, and Camp Pendleton, California, and Camp Lejeune, North Carolina, tried 2 each. Those installations account for 70% of the 33 cases. Larger bases try more cases of every kind.
The records give trial dates, not offense dates. They do not describe the evidence or plea terms. Cases handled by nonjudicial punishment or administrative separation do not appear.
No sentence-range table is available for this year. The confinement figures therefore come from the median, the quarter mark, and the share of convictions with any confinement.
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.
How We Counted
Navy and Marine Corps courts-martial with a trial date in 2023 that charged Article 120 (33 cases), compared with all Navy and Marine Corps cases that year and with 2022.
Source: public court-martial records (Article 140a, UCMJ) in Military Trial Results, data updated October 24, 2026. Definitions, sources, and known gaps: how this data was built. Errors: content@bodiesburied.com.
Related Analysis
- Article 120 (Rape and Sexual Assault): Court-Martial Data and Trends (hub)
- By Year (hub)
- Sexual Assault at Navy-Marine Corps Courts-Martial, 2022: The Year in Numbers (previous / next)
- How Navy-Marine Corps Sexual Assault Cases Ended in 2024 (previous / next)
- Is Navy-Marine Corps Sexual Assault Prosecution Rising or Falling? Article 120, 2017–2025 (the full trend)
- How Navy-Marine Corps Sexual Assault Cases Ended in 2017
- How Navy-Marine Corps Sexual Assault Cases Ended in 2021
- How Navy-Marine Corps Sexual Assault Cases Ended in 2025
- Article 120 Sentences in the Navy-Marine Corps: Confinement and Discharges, 2017–2025
- S2 E1: Article 120 Dismissal & the Aftermath (podcast, members)
- Article 120 explained on the law firm's website
- Search every case in Military Trial Results (members)
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.