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Navy-Marine Corps Sexual Assault Cases Against NCOs (E-5 to E-9): Outcomes and Sentences

Navy and Marine Corps NCOs (E-5 to E-9) convicted in sexual assault cases under Article 120 received a median of 3 years of confinement, compared with 2.2 years across all Navy and Marine Corps Article 120 cases. The records hold 168 such courts-martial from 2017–2025.

Understanding Trends in Military Practice · 5 min read

Trends › By Offense › Article 120 › NCOs (E-5 to E-9)

Short answer: Navy and Marine Corps NCOs (E-5 to E-9) convicted in sexual assault cases under Article 120 received a median of 3 years of confinement, compared with 2.2 years across all Navy and Marine Corps Article 120 cases. The records hold 168 such courts-martial from 2017–2025. NCOs contested these cases more often: 74%, compared with 67%.

Based on 168 cases · 2017–2025 · Navy and Marine Corps records · data updated October 24, 2026

Longer Median Confinement for NCOs

Of 168 cases, 113 ended in a conviction on at least one charge, and 92 of those sentences included confinement (81%). The median confinement was 3 years, and a quarter of the terms were 8 years or longer. The median for all Navy and Marine Corps Article 120 cases was 2.2 years.

Other figures were lower than the wider group. No confinement was adjudged in 19% of convictions here, compared with 11% in the wider group. Confinement of more than one year was less common: 66 of 113 convictions (58%), compared with 62%. Terms of 5 years or more made up 28% of convictions, compared with 27%. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each covers every charge in the case.

Adjudged confinementConvictionsShare hereShare, all Navy and Marine Corps Article 120 cases
No confinement2119%11%
Under 6 months1614%12%
6 months to 1 year109%14%
More than 1 year, under 5 years3430%36%
5 years or more3228%27%

Most of the Accused Contested the Charges

Navy and Marine Corps records before December 2020 often omit the plea, and 133 of 168 records list one. Of those, 99 accused contested at least one charge and 34 pleaded guilty. The 74% contested share compares with 67% across all Navy and Marine Corps Article 120 cases.

Plea terms are not in the records. This data cannot show what a guilty plea covered or whether an agreement limited the sentence.

Verdicts After a Not-Guilty Plea

Full acquittals ended 56% of the 99 contested cases that reached a verdict, about the same as the 54% for all Navy and Marine Corps Article 120 cases. Another 8 ended in a partial acquittal, where the accused was found not guilty of at least one charge or specification but guilty of another.

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. A contested case that ends in a partial acquittal still ends in a conviction and a sentence.

Most Punitive Discharges Were Dishonorable

Of 113 convicted enlisted members, 88 received a punitive discharge: 71 dishonorable discharges and 17 bad-conduct discharges. In all Navy and Marine Corps Article 120 cases, the share with a punitive discharge was 84%.

Only a general court-martial can adjudge a dishonorable discharge. A sentence with no punitive discharge does not rule out a later administrative separation.

Most Cases Were General Courts-Martial

General courts-martial made up 88% of these cases (148 of 168). A general court-martial can impose long confinement and a dishonorable discharge. The other 20 were special courts-martial, which cap confinement at one year.

At general courts-martial, the median confinement was 3 years, and 75% of cases were contested. At special courts-martial, the median was 3 months, and 69% were contested.

Assault and Child Sexual Abuse Charges

Article 120 was the only charge in 21 of the 168 cases. Article 128 (assault) appeared in 114, Article 120b (child sexual abuse) in 52, Article 80 (attempt) in 35, Article 134 (general article) in 25, and Article 92 (orders violation) in 18.

One sentence covers every charge. The confinement and discharge numbers above therefore include these other offenses.

Rank, Years, and Installations

All 168 accused were NCOs. Across all Navy and Marine Corps Article 120 cases, junior enlisted members made up 58%.

The cases were tried from January 2017 through August 2025: 33 in 2017, 33 in 2018, 23 in 2019, 20 in 2020, 25 in 2021, 10 in 2022, 9 in 2023, 11 in 2024, and 4 in 2025. Norfolk, Virginia, had the most (24). San Diego, California, had 19; Bremerton, Washington, 18; Okinawa, Japan, 12; and Yokosuka, Japan, 11. Those five account for 50% of the 168. Larger installations try more cases of every kind.

Versions of the Law and the Limits of the Data

Article 120 was rewritten in 2012 and amended again for offenses on or after January 1, 2019. Each case is charged under the version in force at the time of the offense. The Military Justice Act of 2016, effective January 1, 2019, set fixed panel sizes and brought in written plea agreements. Since December 28, 2023, special trial counsel, not commanders, decide whether to prosecute covered offenses, and Article 120 is a covered offense.

These rules depend on offense dates, which the records do not include. Trials from 2024 on therefore include both old-rule and new-rule cases. The records also do not include cases resolved by nonjudicial punishment, administrative separation, or no action, or the evidence.

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 tried 2017–2025 that charged NCOs (E-5 to E-9) under Article 120 (168 cases), compared with every Navy and Marine Corps Article 120 case.

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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