February 4, 2025—Santa Ana Police have arrested a 32-year-old Tustin Unified School District classified employee on charges of s*xual assault involving a student.
On February 4, 2025, at approximately 7:30 a.m., Santa Ana Police officers responded to the area of Westwood Avenue and Riviera Drive regarding a call for service about potential s*xual activity occurring inside a vehicle. Upon arrival, officers located the vehicle in question, which was occupied by a male and a female in the backseat.
During the course of their investigation, officers learned that the female is a 16-year-old student at Foothill High School within the Tustin Unified School District.
The male is identified as 32-year-old Mariano Hernandez, a Behavior Interventionist at Benson Elementary, also within the Tustin Unified School District. Both the victim and Hernandez admitted to meeting at Foothill High School and being in a dating relationship for a few weeks.
Hernandez was subsequently arrested and booked into the Santa Ana Jail on various s*xual assault-related charges.
Detectives believe there may be additional victims or witnesses to the crime. Anyone with information is asked to contact Detective M. Tapia at (714) 245-8379, mtapia@santa-ana.org, or Orange County Crime Stoppers at 1-855-TIP-OCCS.
Hernandez has already been purged from the Benson Elementary staff page.
In California, a teacher who engages in sexual activity with a minor student faces severe legal consequences. Such actions are typically prosecuted under laws against lewd acts with a minor (California Penal Code 288 PC) and other related statutes. Penalties can include:
- Felony charges: Depending on the specifics of the case, charges can range from unlawful sexual intercourse to more severe charges like oral copulation or sexual penetration by force.
- Prison time: Convictions can result in significant prison sentences. For example, a recent case involved a teacher facing up to 13 years and six months in prison for multiple counts of sexual misconduct.
- Sex offender registration: Convicted individuals are often required to register as sex offenders, which has long-term implications for their personal and professional lives.
These penalties reflect the seriousness with which California treats such offenses to protect minors and uphold the integrity of the educational environment.
