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Understanding Trends

Navy-Marine Corps Sexual Assault Cases Before and After the Office of Special Trial Counsel

In Navy and Marine Corps courts-martial charging Article 120 (sexual assault) from 2024 to 2026, the median confinement was 3 years, compared with 1 year in 2021–2023. At the same time, more convictions carried no confinement at all (33%, compared with 11%).

Understanding Trends in Military Practice · 6 min read

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Short answer: In Navy and Marine Corps courts-martial charging Article 120 (sexual assault) from 2024 to 2026, the median confinement was 3 years, compared with 1 year in 2021–2023. At the same time, more convictions carried no confinement at all (33%, compared with 11%). Full acquittals in decided contested cases were less common: 39% (16 of 41), compared with 53%.

Based on 65 cases · 2024–2026 · Navy and Marine Corps records · data updated October 24, 2026

More Sentences Without Confinement, Longer Terms When Imposed

43 cases from 2024 to 2026 ended in a conviction on at least one charge. 29 of those sentences included confinement (67%), compared with 89% in 2021–2023. 14 convictions (33%) carried no confinement, compared with 11% before.

Among sentences that did include confinement, the median was 3 years, compared with 1 year in 2021–2023. 9 convictions (21%) carried 5 years or more, compared with 9%. 21 of 43 (49%) carried more than one year, compared with 41%. Sentences under 6 months and sentences of 6 months to 1 year were each 9% of convictions, compared with 24% each before.

These are adjudged sentences, set at trial before any plea-agreement cap, clemency, or appeal, and they cover every charge in a case. Only a general court-martial can adjudge more than one year of confinement.

Adjudged confinementConvictionsShare hereShare, 2021–2023
No confinement1433%11%
Under 6 months49%24%
6 months to 1 year49%24%
More than 1 year, under 5 years1228%32%
5 years or more921%9%

The Change in Who Decides to Prosecute

Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses such as sexual assault, domestic violence, and murder. Article 120 is a covered offense. When every guilty finding is for an offense after December 27, 2023, the military judge sets the sentence within new sentencing parameters.

Both rules turn on the offense date. The records give trial dates only, so trials just after the change mix cases under the old and new rules. A change in the numbers in the same period as a law change does not show that the law caused it.

Fewer Cases, More of Them Contested

The records hold 65 cases from January 2024 to October 2026: 29 in 2024, 18 in 2025, and 18 in 2026, a partial year. In 2021–2023 there were 143, about 48 a year. Counting full years only, the later period averaged about 24 a year.

57 of the 65 records list the plea. 41 were not-guilty or mixed pleas, and 16 were guilty pleas. Contested cases made up 72% of those with a plea recorded, compared with 58% in 2021–2023. Small groups change with a few cases, so these comparisons show direction more than size.

2021–20232024–2026
Cases14365
Contested (of pleas recorded)58%72%
Full acquittals (decided contested)43 of 8116 of 41
Convictions with confinement89%67%
Median confinement1 year3 years
Punitive discharge (enlisted)78%73%
General courts-martial81%85%

Contested Verdicts

Of 41 contested cases that reached a verdict, 16 ended in a full acquittal (39%), meaning not guilty of every charge. Another 16 (39%) were partial acquittals: not guilty of at least one charge or specification and guilty of another.

In 2021–2023, 43 of 81 decided contested cases ended in a full acquittal (53%).

The later group is small. With 41 decided contested cases, a few verdicts either way would change the rate by several points, so the comparison with 2021–2023 shows direction, not a precise size.

Punitive Discharges

Among 37 enlisted members convicted, 27 received a bad-conduct or dishonorable discharge (73%), and 18 of those were dishonorable. In 2021–2023 the share was 78%. A dishonorable discharge can come only from a general court-martial.

The punitive-discharge share moved in the opposite direction from median confinement: lower than in 2021–2023, while the median confinement was higher. The records do not show why these measures moved differently.

1 convicted officer or warrant officer appears, and none was dismissed. A sentence without a punitive discharge does not rule out a later administrative separation.

Article 120 Alone or With Other Charges

Article 120 was the only charge in 33 of the 65 cases. When another article was charged, the most common was Article 128 (assault), in 11 cases. Article 129 (burglary and unlawful entry) appeared in 7, Article 134 (general article) in 6, Article 120c (indecent recording and exposure) in 5, and Article 112a (drug) in 5.

Rank, Court Level, and Installations

35 accused were junior enlisted (E-1 to E-4), 17 were NCOs (E-5 to E-9), and 1 was an officer or warrant officer. In 2021–2023, junior enlisted members were 64% of the accused.

53 of the 62 cases with a court level listed were general courts-martial (85%), compared with 81% in 2021–2023. The court level is not listed for 3 cases. A special court-martial caps confinement at one year and cannot impose a dishonorable discharge.

Bremerton, Washington had the most cases (7), followed by Camp Lejeune, North Carolina (6), San Diego, California (6), Okinawa, Japan (4), and Norfolk, Virginia (4). Larger installations try more cases of every kind.

Gaps in the Records

Trial records show the charges, pleas, findings, and sentence. They do not show offense dates, the evidence, the plea terms, or conduct handled outside a court-martial, such as 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.

How We Counted

Navy and Marine Corps courts-martial charging Article 120, tried 2021–2023 (143) and 2024–2026 (65).

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.

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.

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