How Pearl Harbor, Hawaii Handled Sexual Assault Cases (Article 120), 2013–2018

Trends › By Installation › Pearl Harbor, Hawaii › Article 120, 2013–2018

Based on 23 cases · 2013–2018 · Navy and Marine Corps records · data updated October 24, 2026

A Short Median Confinement and Some Long Sentences

Of 23 cases, 18 ended in a conviction on at least one charge. 13 of those 18 sentences included confinement (72%). The median confinement was 8 months. In all Navy and Marine Corps Article 120 cases in 2013–2018, the median was 3 years.

The sentences covered a wide range. A quarter of the sentences here were 5 years or longer, so the low median comes with some long sentences. These are adjudged sentences, before any plea-agreement cap, clemency, or appeal. Each one covers every charge in the case. The records do not explain the range. With 18 convictions, a few sentences can change the median by a large amount.

Fewer Full Acquittals Than the Service

A contested case is one where the accused pleads not guilty to at least one charge. Pearl Harbor had 14 contested cases that reached a verdict. 5 of them ended in a full acquittal, a rate of 36%. Across the Navy and Marine Corps as a whole, the rate was 53%.

Another 2 contested cases ended in a partial acquittal: not guilty of at least one charge or specification, but guilty of another. With counts this small, a single verdict changes the rate by several points.

Guilty Pleas and Contested Cases

Of the 23 accused, 14 contested and 9 pleaded guilty. The contested share was 61%, lower than the 70% in the rest of the Navy and Marine Corps. A larger share of cases here ended in a guilty plea.

Plea terms are not in the records. The data cannot show what any accused agreed to in exchange for a guilty plea.

Punitive Discharges After Conviction

Of 17 enlisted members convicted, 15 received a bad-conduct or dishonorable discharge (88%), compared with 82% across the Navy and Marine Corps. 9 of the 15 were dishonorable discharges.

The data also includes 1 convicted officer or warrant officer, who was not dismissed. Dismissal is the officer equivalent of a punitive discharge. A sentence without a punitive discharge or dismissal does not rule out a later administrative separation, which would not appear here.

Assault Charged in Most Cases

Article 120 was the only charge in 3 of the 23 cases. Article 128 (assault) appeared in 18 cases. Article 80 (attempt) appeared in 6, Article 134 (general article) in 5, Article 120b (child sexual abuse) in 4, and Article 120c (indecent recording and exposure) in 2.

When several articles are charged together, the findings and sentence cover the whole case. An acquittal on the sexual assault charge can come with a conviction on another charge. That is one kind of partial acquittal.

Rank and Court Level

NCOs made up 52% of the accused, junior enlisted members (E-1 to E-4) 43%, and officers 4%. In Navy and Marine Corps Article 120 cases overall, junior enlisted members made up 48% of the accused.

General courts-martial tried 17 of the 23 cases (74%), and special courts-martial tried the rest. A general court-martial can impose any lawful sentence, including long confinement and a dishonorable discharge. A special court-martial caps confinement at one year and can impose a bad-conduct discharge but not a dishonorable discharge.

Cases by Year and the Rules That Applied

The trials took place from August 2013 to November 2018: 4 in 2013, 8 in 2014, 1 in 2015, 2 in 2016, 4 in 2017, and 4 in 2018. They were 28% of the 83 courts-martial at Pearl Harbor, Hawaii in those years.

All were tried before January 1, 2019, when the Military Justice Act of 2016 took effect. That law later set fixed panel sizes, created judge-alone special courts-martial capped at six months with no punitive discharge, and introduced written plea agreements. None of those changes applied to the cases here. 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 when the offense happened.

What the Records Cannot Show

These figures come from trial records that show charges, pleas, findings, and sentences. The records do not show the evidence, plea terms, or offense dates. Allegations handled without a court-martial are not counted. Navy and Marine Corps records before December 2020 often omit the plea and forum, so the counts here use only the records that list them.

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.