Sexual Assault Cases at San Diego, California: 2013–2018 vs. 2019–2023

Trends › By Installation › San Diego, California › Article 120

Based on 28 cases · 2019–2023 · Navy and Marine Corps records · data updated October 24, 2026

Full Acquittals Were Common in Both Periods

A case is contested when the accused pleads not guilty to at least one charge. Of the 18 contested San Diego cases that reached a verdict in 2019–2023, 11 ended in a full acquittal, meaning not guilty of every charge. 1 more ended in a partial acquittal: not guilty of some charges and guilty of others.

That 61% full-acquittal rate is higher than the 57% for Navy and Marine Corps Article 120 cases in the same years. The rate at San Diego in 2013–2018 was similar: 23 of 36 contested cases that reached a verdict ended in a full acquittal.

2013–2018 Compared With 2019–2023

The comparison table shows both periods. The earlier period had 45 cases across 6 years with cases on record, about 8 a year. The later period had about 6 a year in full years. The contested share went from 82% to 64%. Median confinement went from 2.9 years to 1.5 years.

Some measures did not change much. Convictions with confinement were 82% in both periods. General courts-martial went from 78% to 82% of cases. These groups are small, and a few cases can change a percentage. The changes show direction, not precise size.

Cases by Year

The 28 cases run from January 2019 through December 2023. By year, there were 4 in 2019, 5 in 2020, 10 in 2021, 0 in 2022, and 9 in 2023. Sexual assault charges were in 16% of the 173 courts-martial at San Diego over those years.

These are trial dates. The records do not give the date of the alleged offense. A case tried in 2021 may concern conduct from years earlier.

Guilty Pleas and Contested Cases

Of the 28 accused, 10 pleaded guilty and 18 contested at least one charge. The contested share of 64% is about the same as the 65% across the Navy and Marine Corps.

In 2013–2018, the contested share at San Diego was higher than the service: 82% of cases with a recorded plea were contested.

Confinement After a Conviction

17 cases ended in a conviction, and 82% of those sentences included confinement. The median confinement was 1.5 years, the same as the Navy and Marine Corps median for Article 120. A quarter of the confinement sentences were 3 years or longer.

These are adjudged sentences: the sentence imposed at trial, before any plea-agreement cap, clemency, or appeal. Each sentence covers every charge in the case, not only the sexual assault charge.

Punitive Discharges Were Less Common Than Service-Wide

For an enlisted member, a punitive discharge is a bad-conduct or dishonorable discharge. Of 16 convicted enlisted members at San Diego, 11 received one (69%). Of those 11, 10 were dishonorable discharges. In Navy and Marine Corps Article 120 cases overall, the rate was 83%.

The San Diego rate was also lower than its own earlier rate of 77%. A sentence without a punitive discharge can still be followed by an administrative separation, which these records do not track.

Rank, Court Level, and Other Charges

Of the accused, 16 were junior enlisted (E-1 to E-4), 11 were NCOs (E-5 to E-9), and 0 were officers or warrant officers. That mix is similar to the service as a whole, where 60% of Article 120 accused were junior enlisted.

General courts-martial, which can impose long confinement and a dishonorable discharge, tried 23 of the 28 cases (82%). The rest were special courts-martial, which cap confinement at one year and cannot impose a dishonorable discharge.

Article 120 was the only charge in 6 cases. Article 128 (assault) was also charged in 20. Article 80 (attempt) was charged in 3. Article 92 (orders violation), Article 120b (child sexual abuse), and Article 107 (false official statement) were charged in 2 each.

Versions of Article 120

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. The records list trial dates only, so the 2019–2023 group may include cases under more than one version. The records cannot show whether these changes affected the numbers.

What the Records Cannot Show

These figures come only from cases that reached a court-martial. Allegations handled through nonjudicial punishment, administrative separation, or no action are not included. The records do not show the evidence or the terms of any plea agreement. Navy and Marine Corps records from before December 2020 often omit the plea, so plea counts use only the records that list it.

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.