A U.S. Marine, Avery L. Rosario, was freed from confinement after a charge of sexually assaulting a 14-year-old girl was dropped as part of a plea agreement with military prosecutors. Rosario had already served more than the maximum one-month confinement outlined for such cases and pleaded guilty to a charge of breaching restriction by leaving base in a private vehicle. As a result of the plea deal, Rosario was sentenced to time served, reduction of rank, forfeiture of some pay, and administrative separation from the Marine Corps with no dishonorable discharge.
The charge of sexual assault on a minor was withdrawn, and Rosario’s attorney, Jocelyn Stewart, claimed that prosecutors had withheld exculpatory evidence related to the girl’s multiple liaisons with men where she presented herself as being of legal age. As a result, Rosario is considering suing the Marines for false imprisonment. The U.S. Marine Corps maintained that the convening authority approved the plea deal after consultation with the minor and her family through her lawyer, but did not directly address the allegation that evidence was withheld.
Rosario met the 14-year-old girl on Tinder, where she claimed to be 21, and they had consensual sex at his barracks at Camp Pendleton. The girl had been reported missing by her grandmother, and after being discovered at Rosario’s barracks, she was released to the custody of her grandmother. Rosario’s defense argued that the federal jurisdiction of Camp Pendleton made it unlikely that he would face state charges. It is also unlikely that Rosario will face federal charges, according to his attorney.
After pleading guilty to breaching restriction, Rosario will leave the Marine Corps in the summer as a fired Marine, but not under the cloud of a dishonorable discharge. The separation is expected to happen in the next 90 to 120 days. The girl’s family did not wish to make a statement after the hearing, and NBC News was unable to reach them for comment. Rosario had been detained after the 14-year-old girl was found at his barracks, and the case had raised concerns from the girl’s family about transparency in the investigation by U.S. Marine Corps officials and the Naval Criminal Investigative Service.
Overall, the case involving Avery L. Rosario and the 14-year-old girl has garnered controversy and allegations of withheld evidence. While Rosario has been freed from confinement and will be separated from the Marine Corps, questions remain about the handling of the case and the extent of transparency from authorities. The plea agreement reached with military prosecutors has resulted in the dropping of the sexual assault charge, with Rosario considered for potential civil remedies for his incarceration. The details of the case highlight complexities in legal proceedings and the challenges faced by those involved in cases of this nature.
