Embattled San Jose Councilmember Omar Torres was arrested Tuesday after a person contacted police on Monday, reporting a sexual assault involving Torres years ago, according to police.
Torres was arrested on three counts of sexual assault by force involving a young relative in 1999, when the victim was 13 and Torres was an adult, police said. The arrest comes as Torres already was under investigation for accusations of sexual misconduct with another victim when that person was a minor.
San Jose police have a recorded phone call between Torres and his relative that reveals details of the sexual assault and Torres admitting to and apologizing for his actions. He was arrested on suspicion of lewd acts with a child, oral copulation of a minor and sodomy of a child, police said.
The crimes took place in San Jose, police said.
Torres resigned from his seat on the council soon after his arrest Tuesday.
The investigation began when Torres told police he was being extorted by a man he had a previous relationship with. That man claimed their relationship began when he was a minor.
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Court documents also show graphic texts between the two in which Torres talked about sexual acts with a different 17-year-old.
Torres’s attorney did not respond to NBC Bay Area's request for comment but has previously dismissed the exchanges as role-play between partners.
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Torres has declined to comment further.
According to Torres's attorney, he is expected to be arraigned in the next few days.
Torres's arrest and resignation follow calls from many councilmembers, community members, and San Jose Mayor Matt Mahan for his resignation.
Mahan has been outspoken since the allegations against Torres' came to light.
"Omar Torres has been arrested on suspicion of committing some of the most serious crimes imaginable,” Mahan said in a statement Tuesday. “I’m horrified by the possibility that—far from his claim of outrageous fantasies—he may have in fact harmed children. I trust our Police Department and DA to ensure that justice is served through the due process afforded by our laws. If you have any information related to this case or other cases involving harm to children, I would ask you to reach out to the San Jose Police Department.”
Leading up to the arrest, the City Council voted to remove Torres from all his committee and commission assignments.
In his absence, other councilmembers have been assigned to fill Torres's spot on city committees, and Mahan said his office is stepping up to serve the 100,000 constituents in District 3.
City documents show councilmembers are paid a salary of $169,000 a year.
Since the criminal investigation, Torres has not attended any council meetings and has not reported to commissions and committees.
