In a turn of events that ended a highly publicized military legal case, U.S. Marine Avery L. Rosario was released from confinement after a sexual assault charge against him was dismissed under a plea agreement. Rosario had been accused of sexually assaulting a 14-year-old girl who was discovered at the Camp Pendleton barracks. The decision has prompted varying responses, with the Marine Corps stating that “no further legal action” will be taken within the military justice system.
The case against Rosario was dropped after his defense attorney, Jocelyn Stewart, highlighted significant exculpatory evidence. Stewart claimed prosecutors had withheld evidence of the girl’s multiple other interactions with men where she presented herself as being of legal age. This information was gleaned from the girl’s Tinder and Instagram accounts, where she had represented herself as 21 years old. The discovery led to the commanding general’s decision to withdraw and dismiss the charge.
Rosario admitted to a lesser charge of breach of restriction for leaving base in a private vehicle in June 2023, a decision that violated a restriction placed on him for allegedly testing positive for THC. He had already served more than twice the one-month maximum confinement outlined as punishment for such a case. As a consequence, Rosario’s sentence included time served, reduction of rank, forfeiture of some pay, and administrative separation from the Marine Corps. According to the Marine Corps, the separation process will likely take place within the next 90 to 120 days.
Despite the dismissal, Rosario’s legal battles may not be over. His attorney indicated that he is considering suing the Marines for false imprisonment. “He intends to avail himself of all potential civil remedies for his incarceration,” Stewart said. The nature of the dismissed charges and the potential civil case highlight ongoing concerns about due process within the military justice system.
This case has also raised questions about the verification of age on social media and dating platforms. Rosario claimed he met the girl on Tinder, a platform known for adult dating, where she had presented herself as being 21 years old.
The case first gained attention when the young girl was found on base after being reported missing by her grandmother. Though the girl’s family did not wish to make a statement following the hearing, her aunt had previously voiced frustration with the lack of transparency from military officials and investigators.
Last Tuesday, the U.S. Marine Corps statement wrapped up the case saying, “As always, the command respects the legal process and the rights of all individuals affected by the case.”
Relevant articles:
– Sex assault charge against U.S. Marine in case of teen found on base is dropped
– Sex charge dropped against Camp Pendleton Marine in teen sex-assault case NBC San Diego, Wed, 10 Apr 2024 06:53:20 GMT
– Sex charges involving minor dropped for Camp Pendleton Marine ABC 10 News San Diego KGTV, Wed, 10 Apr 2024 04:13:11 GMT
– Child sex-assault charges are dropped against Camp Pendleton Marine Avery L. Rosario who was accused after a 14-year-old girl was found in his barracks Daily Mail, Wed, 10 Apr 2024 08:53:25 GMT