‘Select charges’ dismissed for Camp Pendleton Marine accused of teen sex assault

SAN DIEGO (FOX 5/KUSI) — A Camp Pendleton Marine accused of sexually assaulting a 14-year-old girl and violating liberty restriction approved a plea agreement earlier this month that dismissed select charges and referred the remaining charges to a special court martial, military officials said.

On Tuesday, Private First Class Avery L. Rosario pled guilty to Article 87b of the Uniform Code of Military Justice (breach of restriction), the I Marine Expeditionary Force confirmed to FOX 5/KUSI in an email Tuesday.

“Under the agreement, Rosario was sentenced to time served and agreed to be administratively separated from the Marine Corps,” the military agency said. “As always, the command respects the legal process and the rights of all individuals affected by the case.

Rosario was charged under two Uniform Code Military Justice articles, for three specifications of sexual assault of a person between the ages of 12 and 16 years old, plus two specifications for breaching restrictions.

Rosario claims the teen lied about her age several times, and he believed she was 21 years old during their alleged consensual sex in the barracks at Camp Pendleton in June.

During the court hearing in August, the government entered 18 exhibits into evidence, while the defense entered one. The government’s exhibits included the charge sheet, photos of the girl, her Tinder profile, text messages between the teen and Rosario, plus several interviews of the teen, Rosario, his roommate and others. 

I Marine Expeditionary Force did not specify which charges were dismissed for Rosario.