A U.S. Marine, Avery L. Rosario, was freed from confinement after a charge of sexually assaulting a 14-year-old girl was dropped under a plea agreement with military prosecutors. He pleaded guilty to breach of restriction for leaving base in a private vehicle and served more than twice the maximum confinement outlined for such cases. He was sentenced to time served, reduction of rank, forfeiture of pay, and administrative separation from the corps. The charge of sexual assault on a minor was withdrawn, and Rosario will be leaving the corps in the summer as a fired U.S. Marine without a dishonorable discharge.
Rosario reached a plea deal with military prosecutors during a general court martial, leaving the breach of restriction allegation. He was sentenced in a special court martial, and the charge of sexual assault was withdrawn by commanding general due to discovery of evidence that the girl had multiple liaisons with men presenting herself as of legal age. Rosario’s attorney mentioned potential civil remedies for false imprisonment and intends to pursue them. The convening authority approved the plea deal after consulting with the minor and her family’s lawyer, but the family did not comment on the case.
Rosario was detained after a 14-year-old girl was found at his barracks on-base, where he claimed to have met her on the adult dating platform Tinder, where she represented herself as 21. His defense argued that their encounter was consensual and occurred at his barracks in Camp Pendleton. It is unlikely that Rosario will face state or federal charges for the incident, according to his attorney. The girl was found at the barracks after being reported missing by her grandmother, and was later released to her grandmother’s custody.
The girl’s family expressed frustration with the lack of transparency from U.S. Marine Corps officials and the Naval Criminal Investigative Service investigating the case. After the girl was found at the barracks, she was released to her grandmother’s custody. The U.S. Marine Corps stated that the command respects the legal process and the rights of all individuals affected by the case. The details of the plea agreement and the circumstances leading to the charges being dropped have raised questions about the handling of the case and the conduct of prosecutors and investigators involved.
The withdrawal of the sexual assault charge and the release of Rosario from confinement have sparked conversation and debate on the legal process within the military justice system and the rights of both the accused and the alleged victims. The sensitive nature of the case involving a minor and the potential implications of withheld evidence have added complexity to the situation. Moving forward, the repercussions of the plea agreement and the actions of military officials will continue to be scrutinized and debated within the legal community and the public. The case highlights the challenges and complexities associated with prosecuting sexual assault cases involving minors and the importance of transparency, accountability, and fairness in the legal process.
