SAN DIEGO — A Marine accused of sexually assaulting a 14-year-old girl appeared in court Thursday at Camp Pendleton for his preliminary hearing.
Private First Class Avery L. Rosario faces three counts of sexual assault of a child over 12 years old. He has also been charged with violating liberty restriction from a prior, unrelated case.
The alleged victim did not appear in court. Instead, a military attorney acting as a victim's advocate appeared on her behalf.
During closing arguments, Rosario's military defense attorneys told the presiding officer the accuser's version of events "doesn't conform with reason or logic."
According to his attorneys, the teen and the Marine met on the adult dating app Tinder, and her profile stated she was 21 years old. They said on her bio it read: "I know I look young, but when I'm 30, I'll look like I'm in my 20s."
Rosario's defense attorneys said the accuser told him she was 22. They say she initiated a conversation with the Marine and asked if she could stay at his house. When he told her he was a Marine and lived in the barracks, they said her response was, 'Let's get a hotel.'
When interviewed by NCIS investigators, attorneys said the girl was asked, 'How old do you think Rosario thought you were?' She replied: 'Probably 22.'
"It is a legal defense if he reasonably believed that she was of age, and I think that's what the defense pointed out, not only that he believed she was of age, but there were other witnesses who also thought she was of age," said attorney Gary Barthel.
He is not connected to this case but has represented several service members. He sat in on Thursday's hearing.
The government did not give a closing argument in court. However, it did enter 18 exhibits as evidence to the presiding officer. The exhibits include Tinder account messages, text messages, and video of NCIS investigator's interviews with witnesses.
No witnesses took part in Thursday's hearing. Rosario declined to make a statement in court.
According to Rosario's attorneys, the teen claimed she was sex trafficked by Hector. However, they said her story kept changing. At one point, she told investigators she didn't want to be returned to her parents because she said they were sex trafficking her.
The presiding officer will consider all of the evidence and recommend whether or not he believes there's probable cause for this case to go to trial. However, the commanding officer will have the final say. A decision may not be made for several days.
The alleged victim was found at Camp Pendleton on June 28.
According to the San Diego County Sheriff's Department, the girl is now home with her family in Spring Valley.
The girl's grandmother told law enforcement she had run away from home on June 13 but said the girl normally returned home shortly afterward.
The teenager had been missing for more than two weeks when she was located inside a barracks on June 28.
The girl's aunt previously spoke out on social media, saying her teenage niece was sold to a soldier for sex. The family followed up with a public plea for answers and transparency.
"A Marine at Camp Pendleton raped her. His identity is still unknown," Casaundra Perez said during a news conference aimed at getting more information released to the public.