In a stunning development, sexual assault charges against U.S. Marine Avery L. Rosario were dismissed. The highly publicized case was closed when Rosario was released from confinement at Camp Pendleton last week under a plea agreement with military prosecutors for the sexual assault of a 14-year-old girl found on his base.
Rosario was originally charged after the teen girl, who was missing for more than two weeks, was found in his barracks at Camp Pendleton. The family of that girl had earlier told that she was sold as a sex slave to a Marine stationed at that base. However, the defense of Rosario argued that he met the girl on Tinder, where she introduced herself as a 21-year-old girl.
In the plea agreement, Rosario pleaded guilty to a remaining charge of breach of restriction for leaving the base in a private vehicle in June 2023. That violated a restriction placed on him after he tested positive for THC, the psychoactive ingredient in marijuana, earlier that month.
Rosario’s attorney, Jocelyn Stewart, disclosed that the sexual assault charges were dismissed after she discovered prosecutors withheld “exculpatory evidence” related to the girl’s multiple other liaisons with men where she was presenting herself as of legal age. This was exposed in direct messages from the girl’s Tinder and Instagram accounts.
In response to these developments, Rosario is considering suing the Marines for false imprisonment. “He intends to avail himself of all potential civil remedies for his incarceration,” Stewart said.
While declining to comment directly on the withheld evidence allegation, the U.S. Marine Corps said in an email the plea deal was approved following consultation with the minor and her family through her lawyer. The Corps also confirmed to Military.com that Rosario will be leaving the service in the coming months but not under a dishonorable discharge.
Rosario’s sentence includes a reduction in rank, forfeiture of some pay, and administrative separation. He has already spent more than twice the maximum one-month confinement outlined as punishment for such cases.
The U.S. Marine Corps concluded the case by stating, “As always, the command respects the legal process and the rights of all individuals affected by the case.