SAN DIEGO — A Camp Pendleton Marine charged with sexual assault of a minor after a missing 14-year-old girl was found in his barracks will face a general court-martial.
A trial for Private First Class Avery L. Rosario will be set on Nov. 16 when he is re-arraigned, military officials confirmed to CBS 8. Rosario is accused of sexual assault of a minor and violating liberty restrictions.
Military officials said the decision to refer Rosario for a general court-martial was made after Brigadier General Andrew M. Niebel, Commanding General of 1st Marine Logistics Group, reviewed all the charges and evidence in the case.
“As always, the command respects the legal process, the rights of the accused, as well as any other individuals affected by the case. We will continue to release information as transparently as possible without interfering with the legal process,” reads a statement from officials.
Preliminary hearing
On Aug. 17, Rosario appeared in court at Camp Pendleton for a preliminary hearing. Rosario was arraigned on three counts of sexual assault of a child over 12 years old. He was also 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 Rosario 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.'
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 the Aug. 17 hearing. Rosario declined to make a statement in court.
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