EspañolRafael Magana, Former Choir Leader at Victory Outreach Church In San Ysidro, Pleads Guilty In Child Sex Abuse Case
SAN YSIDRO, CALIFORNIA (May 2, 2024) – A 28-year-old choir leader at Victory Outreach Church, identified as Rafael Magana, has pleaded guilty to one count of lewd acts with a child.
The plea was entered at the San Diego Superior Court on Monday. Rafael Magana, 28, will have to register as a sex offender and faces up to three years in state prison.
Prosecutors claim that the defendant drove the minor girl to a baby shower in November 2021. After the baby shower, he allegedly drove the girl to Paradise Hills and sexually assaulted her after parking along Reo Drive.
The victim in this case did not report the assault until March of last year. Rafael Magana was arrested last August and remained in custody prior to pleading guilty.
Liability For San Ysidro Church Sexual Abuse
Sexual abuse within religious organizations is unfortunately far more common than many may realize. According to MSNBC, “The Illinois attorney general released a report Tuesday finding that almost 2,000 children suffered sexual abuse by 451 Catholic clergy between 1950 and 2019.” There are a number of measures that churches should take in order to prevent child sexual abuse.
- All church employees should undergo background checks.
- Churches should work to understand the factors that contribute to sexual victimization and predation.
- Churches should thoroughly investigate all accusations of misconduct and work closely with the police.
It is a crime for any adult in California to sexually abuse or exploit a minor. This includes inappropriate touching. Pursuant to California Penal Code 288, it is a crime for a person to commit any lewd or lascivious act on a child under 16 years of age. This includes instances where a perpetrator touches a child for sexual purposes. It is not necessary for the touching to be on bare skin.
A church or other religious organization could be liable for sexual abuse involving one of their employees. Churches have a legal obligation to protect children in their care from reasonably foreseeable sources of harm, including sexual abuse. Consider the case of Doe v. Roman Catholic Archbishop of Los Angeles. This duty to protect children includes all instances when children are participating in religious school or church-sponsored programs. Several steps should be taken after instances of suspected sexual abuse.
- Eyewitnesses should be interviewed.
- Medical records should be preserved.
- A police report of the incident should be created.
- A church sexual abuse attorney should be contacted.
By the time any church leader is arrested for child sexual abuse, there are often many red flags that are missed. This could include instances of grooming behavior. For example, the abuser may attempt to isolate themselves with the minor victim. It is important that victims of sexual abuse consider their legal options. Any person who is sexually abused by a religious leader in California may be able to seek some measure of justice through a civil claim.
Investigating Church Sexual abuse in San Diego County
We at the Carrillo Law Firm, LLP were deeply concerned to hear about the actions of Rafael Magana. It is our sincere hope that Victory Outreach Church will consider additional safeguards. What took place is completely unacceptable.
Have you or someone that you care about been a victim of sexual abuse in San Diego County? You may have legal recourse. Our team of sexual abuse attorneys is here to help you. We are committed to helping survivors get justice and holding their abusers accountable. Whether you just have legal questions or need any type of support, we may be able to help you. You can reach out to us anytime at 626-799-9375.
