A San Ysidro pastor who allegedly received a report that a church choir group leader had sexually abused an underage girl has been charged with failing to report the abuse, prosecutors announced Thursday.
Prosecutors say it was reported to Eric Manuel Merino, 43, a pastor at Victory Outreach Church, that a teenage girl had been sexually abused by choir group leader Rafael Magana, but he failed to notify police or child welfare services, in violation of his duty as a legally mandated reporter.
Magana, 28, pleaded guilty earlier this year to a felony count of lewd acts on a child and faces up to three years in prison when he is sentenced later this year.
Prosecutors say Magana drove the 15-year-old victim, who was a member of the choir, to a location in Paradise Hills on Nov. 6, 2021, then sexually assaulted her in the car. The victim reported the assault to police last year.
Get San Diego local news, weather forecasts, sports and lifestyle stories to your inbox. Sign up for NBC San Diego newsletters.
According to the San Diego County District Attorney's Office, California law requires people in certain professions to report such incidents and failure to do so can result in criminal penalties.
Merino faces up to six months in jail and a $1,000 fine if convicted.
"Youth in San Diego County deserve to have a safe and healthy environment, free of sexual or physical abuse -- whether at school or at church," San Diego County District Attorney Summer Stephan said in a statement. "When that kind of abuse does happen, it's critical that those incidents don't fall through the cracks and that the people in positions of authority follow their duty to report suspected abuse so victims can be supported, and abusers can be held responsible for their crimes. Following the law of mandated reporting can potentially protect another child from being sexually abused by the perpetrator."
