San Ysidro pastor accused of failing to report sexual harassment of teenage choir member by Rafael Valentin Magana

Rafael Magana will appear in court on August 29, 2023. (KSWB/FOX 5)

SAN DIEGO (FOX 5/KUSI) — A South Bay pastor was arraigned Thursday in San Diego District Court for allegedly failing to report the sexual abuse of a teenage choir member by a congregation member of his church, prosecutors said.

Victory Outreach Church pastor Eric Manuel Merino, 43, was charged with a misdemeanor count of violating the state’s reporting law. The incident occurred in connection with the arrest and conviction of 27-year-old Rafael Valentin Magana for sexually abusing a teenager.

Magana was accused of sexually assaulting a 15-year-old girl in 2021 while driving her home from another parishioner’s baby shower. In April, he was found guilty of a lewd act on a minor.

Now San Diego County District Attorney Summer Stephan is turning to Merino, who says she knew about the sexual assault but did not report it to law enforcement or child welfare services – a failure that violates the legal reporting requirement.

“The youth of San Diego County have a right to a safe and healthy environment free from sexual or physical abuse,” Stephan said in a statement.

“When this type of abuse occurs, it is critical that these incidents are not ignored and that those in authority comply with their obligation to report,” she continued. “Complying with the legal reporting requirement can potentially protect another child from sexual abuse at the hands of the perpetrator.”

Magana’s sentencing is scheduled for June 18. According to the district attorney, he faces up to three years in prison and must also register as a sex offender.

If Merino is convicted of violating the reporting requirement, the pastor faces up to six months in prison and a $1,000 fine.