CAMP PENDLETON —
A Camp Pendleton Marine accused of having sex with a missing 14-year-old girl found in his barracks believed she was in her early 20s, his defense attorneys argued Thursday.
An attorney for Pfc. Avery Rosario said their client met the girl on Tinder, a dating app for adults, where her profile said she was 21 years old, the attorney argued during a brief preliminary hearing in a military courtroom at Camp Pendleton.
The argument by the defense capped a brief hearing in which no witnesses were called, and much of the evidence — which includes conversations on Tinder and Instagram — was filed directly with the Marine colonel tasked with recommending whether the Marine should face court martial for allegations of sex with a minor.
No decision was made Thursday. Both the prosecution and defense will file further arguments in writing, with the last due Aug. 25.
The prosecution did not give a closing argument during the hearing, opting to instead handle it all in writing. However, a defense attorney for the Marine did make an oral presentation in the small courtroom, with several news reporters present.
Defense attorney Capt. Katherine Malcolm said her client had “a genuine belief that the woman he met on Tinder apps was 21 yeas old.”
Malcolm argued that friends of Rosario told investigators they were under the impression that the woman was in her early 20s.
The Marine is charged with three counts of sexual assault and two charges of violating liberty restrictions — leaving base without permission — according to charges base officials released Tuesday. The charges indicate the alleged crimes or violations happened June 27.
The next day, military police at Camp Pendleton found the East County girl in a barracks. The military notified the county Sheriff’s Department, and the girl was reunited with her family.
The story of the missing girl turning up on the base drew public attention days later, after the girl’s aunt posted a TikTok video alleging the girl had been trafficked.
According to the Sheriff’s Department, the grandmother said the teen ran away from home June 9. She had run away on previous occasions, but quickly returned. When the teen was still unaccounted for on June 13, the grandmother reported her missing.
During her closing argument, Malcolm said the girl’s credibility is at issue. The girl told investigators she spent the night in a closet in the barracks, but the Marine’s roommate said he found the Marine gone but the girl asleep, snoring in bed with the television on, according Malcolm.
The roommate kicked her out.
After the girl was found in the barracks, the Naval Criminal Investigative Service questioned the Marine, then released him to his command pending charges.
The Marine is with Combat Logistics Battalion 5, 1st Marine Logistics Group.
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