Navy-Marine Corps Courts-Martial With Article 120 and Article 128, 2021–2026
Navy and Marine Corps records list 97 courts-martial from 2021–2026 that charged both Article 120 (sexual assault) and Article 128 (assault).
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Trends › By Offense › Article 120 › Navy-Marine Corps, with Article 128
Short answer: Navy and Marine Corps records list 97 courts-martial from 2021–2026 that charged both Article 120 (sexual assault) and Article 128 (assault). Of the 61 contested cases that reached a verdict, 36 ended in a full acquittal (59%), compared with 48% in all Navy and Marine Corps Article 120 cases. For those convicted, the median confinement was 11 months, compared with 1.1 years.
Full Acquittals in 36 of 61 Contested Cases
A full acquittal means the accused was found not guilty of every charge. Of the 61 contested cases that reached a verdict, 36 ended that way (59%). The rate for all Navy and Marine Corps Article 120 cases from 2021–2026 was 48%.
Another 10 contested cases were partial acquittals. In those, the accused was found not guilty of at least one charge or specification and guilty of another.
Most Accused Contested the Charges
The plea is listed in 94 of the 97 records. Of those, 61 accused contested at least one charge and 33 pleaded guilty. A contested case is one with a not-guilty or mixed plea. The contested share, 65%, compares with 62% for Navy and Marine Corps Article 120 cases overall.
The records do not show why any accused chose to plead guilty or to go to trial, and they do not include plea-agreement terms.
Sentences for the 60 Convictions
Confinement was part of 87% of the 60 convictions. Half of the confinement terms were 11 months or less. In all Navy and Marine Corps Article 120 cases, the median was 1.1 years. A quarter of the terms here were 3 years or longer.
Confinement of more than one year was less common: 21 of the 60 convictions (35%), compared with 43%. Terms of 5 years or more made up 10% of convictions, compared with 13%. Terms under 6 months made up 27%, compared with 20%, and 8 convictions (13%) carried no confinement.
All figures are adjudged sentences, as announced at trial. A plea-agreement cap, clemency, or appeal can lower a sentence later. A sentence covers every charge in the case.
| Adjudged confinement | Convictions | Share here | Share, Navy and Marine Corps-wide Article 120 cases |
|---|---|---|---|
| No confinement | 8 | 13% | 17% |
| Under 6 months | 16 | 27% | 20% |
| 6 months to 1 year | 15 | 25% | 20% |
| More than 1 year, under 5 years | 15 | 25% | 31% |
| 5 years or more | 6 | 10% | 13% |
General Courts-Martial Heard Most Cases
General courts-martial heard 78 of the 96 cases with a court level listed (81%), compared with 82% in all Navy and Marine Corps Article 120 cases. Special courts-martial heard 18, and the court level is not listed for 1 case.
At the general courts-martial, 88% of convictions included confinement, with a median of 1.3 years. At the special courts-martial, 82% did, with a median of 5 months. A special court-martial is limited to one year of confinement and cannot adjudge a dishonorable discharge.
Punitive Discharges
A punitive discharge followed 70% of the enlisted convictions: 22 bad-conduct discharges and 18 dishonorable discharges. In all Navy and Marine Corps Article 120 cases, the rate was 77%.
The records include 2 convicted officers or warrant officers, and 1 was dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence with no punitive discharge does not rule out a later administrative separation.
Rank and Other Charges
Among the accused with rank recorded, 58 were junior enlisted members, 33 were NCOs, and 3 were officers. The group is similar to the Navy and Marine Corps as a whole.
No case charged Article 120 by itself. Besides assault, the most frequent other charges were Article 92 (orders violation) in 15 cases, Article 134 (general article) in 10, Article 80 (attempt) in 10, and Article 120c (indecent recording and exposure) in 8.
Years and Installations
The cases run from January 2021 through June 2026. There were 54 in 2021, 13 in 2022, 19 in 2023, 6 in 2024, 2 in 2025, and 3 in 2026. The 2026 count is a partial year.
Camp Lejeune, North Carolina tried 15 cases, San Diego, California 14, Norfolk, Virginia 13, Pensacola, Florida 7, and Bremerton, Washington 6. These five installations account for 57% of the 97 cases. Larger installations try more cases of every type.
Rules for Sexual Assault Cases and Gaps in the Data
Sexual assault is a covered offense. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, which also include domestic violence and murder. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.
Both rules depend on the offense date, and the records give only trial dates. Most of these cases were tried before 2024. The records cannot show whether these changes affected any result, and they do not include the evidence, nonjudicial punishment, or administrative separations.
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 trial dates in 2021–2026 that charged both Article 120 and Article 128 (97 cases), compared with all 208 Navy and Marine Corps Article 120 cases in those years.
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)
- Article 128 (Assault): Court-Martial Data and Trends (hub)
- Navy-Marine Corps Courts-Martial: Data and Trends (hub)
- Navy-Marine Corps Courts-Martial With Article 120 and Article 134, 2021–2025
- Navy-Marine Corps Courts-Martial With Article 120 and Article 92, 2021–2025
- Army Cases Charging Both Article 120 and Article 120c
- Army Cases Charging Both Article 120 and Article 90
- Army Cases Charging Both Article 120 and Article 93
- Army Courts-Martial With Article 120 and Article 128, 2021–2026
- Army Courts-Martial With Article 120 and Article 128b, 2021–2026
- 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 · Aggravated Assault: Federal Sentences vs. Article 128 Courts-Martial, 2016–2025
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.