In a recent turn of events involving a U.S. Marine and a minor, a sexual assault charge has been dropped under a plea agreement. Avery L. Rosario, the accused Marine, pleaded guilty instead to a lesser offense of breaking military restrictions, resulting in significant consequences for his military career.
NBC News reported that Rosario was freed after the initial grave accusation of sexually assaulting a 14-year-old was withdrawn, leading to a plea deal that altered his military standing.
The incident traces back to June 2023, when Rosario allegedly left the Marine Corps base unlawfully in a private vehicle.
This act breached a restriction imposed on him due to a prior issue—testing positive for THC, a psychoactive compound found in cannabis. His unauthorized departure from Camp Pendleton, where he was stationed, marked the beginning of a series of consequential events.
Following his breach of restriction, Rosario faced a special court-martial. This legal proceeding concluded on April 2, when he accepted a plea deal during a general court-martial session. Under the terms of the deal, Rosario admitted guilt to the breach in exchange for the more severe charge of sexual assault being dropped.
This legal shuffle resulted from revelations during the investigation that the minor involved had other liaisons and had misrepresented her age on social media platforms like Tinder and Instagram. These factors notably influenced the withdrawal of the sexual assault charge.
Rosario's plea led to several punitive measures: he served time confined to the base, his military rank was reduced, he forfeited some of his pay, and he now faces administrative separation from the Marine Corps scheduled within 90 to 120 days. Administrative separation entails dismissal but is not as severe as a dishonorable discharge.
The court proceedings, and particularly the dropped sexual assault charge, were contentious. Rosario’s defense highlighted the existence of exculpatory evidence, specifically the girl's social media interactions, which they claim was initially withheld by prosecutors. According to his lawyer, Jocelyn Stewart, this evidence was pivotal to the case's outcome.
Stewart asserted that the charge was dismissed because it was found that the girl had engaged in other relationships while posing as an adult, information which was crucial in reassessing the charges. Rosario, feeling aggrieved by the circumstances of his arrest and confinement, is contemplating legal actions against the Marine Corps for what he perceives as false imprisonment.
The implications of the plea deal extended beyond the courtroom. The Marine Corps officially stated that there would be no further legal pursuits within the military justice system regarding this case, and it is highly unlikely that Rosario will face any state or federal charges related to the incident.
The decision to accept the plea agreement, as claimed by the Marine Corps, came after careful consultation with the girl and her family through her attorney. However, not everyone felt satisfied with how the case was handled. Cassaundra Perez, the girl’s aunt, voiced concerns over the perceived "lack of transparency" from Marine Corps and Naval Criminal Investigative Service officials, capturing a sense of frustration among the girl’s family members.
In summary, the case against Avery L. Rosario involved complicated elements of misrepresentation, legal negotiations, and the interpretation of military justice. His eventual release and the expected conclusion of his military career reflect a nuanced and controversial chapter in the workings of military legal proceedings and the challenges in dealing with cases involving minors and issues of consent.
