REVEALED: Marine charged with sexually assaulting missing 14-year-old girl in Camp Pendleton barracks is named as Avery L. Rosario and will face court-martial – as he claims her Tinder profile said she was 21
- Private First Class Avery L. Rosario has been accused of sexually assaulting a 14-year-old girl at Camp Pendleton
- His case has been referred to a court-martial and arraignment is scheduled for Thursday
- Rosario’s defense claimed he met the girl on Tinder, where she claimed she was 21 years old
A U.S. Marine accused of sexually assaulting a 14-year-old girl on a California military base will face a court-martial as his defense claims he met the girl on a dating app where she lied about her age .
Private First Class Avery L. Rosario was charged by military prosecutors after the teenage girl, who had been missing for 18 days, was found at Camp Pendleton in June.
Now the case will go to a general court-martial to be tried in a military court, a spokesman for the 1st Marine Logistics Group said. NBC San Diego.
Rosario’s defense said he met the girl on Tinder and her profile stated she was 21 years old.
His court-martial arraignment is scheduled for Thursday, where he will be read the formal charges, enter his plea and then have trial dates scheduled.
Private First Class Avery L. Rosario is escorted to an August hearing on allegations that he sexually assaulted a teenage girl at Camp Pendleton
Rosario, who was seen in handcuffs in July, claimed he met the girl on Tinder and that her profile stated she was 21 years old
Rosario was first informed of the charges on August 17 during an Article 32 hearing, the military equivalent of a civilian preliminary hearing.
The suspect is escorted between two other soldiers who take him to the military courtroom.
During the hearing, his lawyers emphasized that Tinder is for casual sex and said their interaction began on June 26 when Rosario matched with the girl who created a profile under the pseudonym “Kayla.”
They said the two started messaging and the teen suggested they move their conversation to Instagram and even suggested they get a hotel room.
Rosario claimed he drove to pick up the girl and the two had consensual sex in the barracks.
The next day, Rosario left her in the barracks and she spoke with two other people, including a lance corporal, the defense said.
He will be charged with sexual assault on a child over the age of twelve. He also faces separate charges of violating freedom restrictions, which limit where soldiers can go.
Attorney Gary Barthel, who is not representing Rosario but attended the hearing in August, said the defense is trying to prove he did not know the girls’ ages.
“It’s a legal defense if he reasonably believed she was of legal age, and I think the defense pointed that out. Not only that he believed she was of age, but there were other witnesses who also believed she was of age,” Barthel said CBS 8.
The unnamed girl went missing on June 10 and her family claims she was sold as a sex slave to a Marine stationed at the base.
Officials previously confirmed that Rosario was the same man seen in a video posted to social media showing a soldier being led away in handcuffs by military police outside one of the camp’s barracks on July 2.
That video was recorded less than four days after the unnamed girl was found in one of the barracks, prompting the investigation.
The unnamed girl was missing for 18 days when she was found at Camp Pendleton in California
A leaked photo online shows what appears to be a handwritten log from Camp Pendleton stating that an “underage female” was found in room 343
Casaundra Perez, the girl’s aunt, alleged that investigators have tried to blame the minor and “sweep the incident under the rug.”
“(Investigators) accused (my niece) of communicating with the Marine and said he was her boyfriend, but she doesn’t even know the Marine’s name,” Perez told the Los Angeles Times.
A leaked photo posted online showed what appeared to be a handwritten log from the base in the San Diego area, stating that an “underage female” was found in room 343. However, it states that the girl was 13.
It is unclear why the ages differ. DailyMail.com cannot verify the authenticity of the page.