EL CAJON, Calif. -
A female teacher's aide accused of having sex with a 15-year-old male student must stand trial on a felony charge of unlawful sex with a minor, a judge ruled Tuesday.
Chrystina Delrosario, 25, faces five years in prison if convicted. She will be back in court on Oct. 16.
Superior Court Judge Herbert Exarhos ruled that enough evidence was presented at Delrosario's preliminary hearing in El Cajon to order her to proceed to trial.
She is charged with having sex with the boy at La Mesa's Reflections Central School, an educational program for juvenile offenders run by the county Office of Education on behalf of the county Probation Department.
Delrosario, who is free on $100,000 bail, allegedly had sex with the teen in a classroom on an afternoon in late June. La Mesa police arrested her on July 16, saying there was no immediate evidence of any other alleged episodes of illegal contact with the boy or any other juveniles.
On Tuesday morning, the 15-year-old boy testified that he had sex with Delrosario three times. He said the two other incidents happened in a car at a hiking trail at Cowles Mountain.
During the first incident in late June, the teen said that he had sex with Delrosario underneath a classroom desk. A friend was also present, serving as a lookout.
"What happens when you get to her desk," asked prosecutor John Pro.
"We just start [having sex]," said the teen, who added he wore a condom Delrosario had given him.
The teen testified he no longer attends the school.
During several points in his testimony, the 15-year-old had trouble remembering basic details of his story.
"I forgot what the conversation would be about but, it'd be about me and her," said the teen.
His testimony also didn't match earlier statements he'd given police or that of the student who served as the lookout.
Delrosario's defense attorney questioned the student's credibility and said in court that he served as the aggressor.
"His statements and testimony were not credible or believable," said Lindsey Mercer, Delrosario's attorney.
Mercer told 10News her client was anxious to tell her side of the story when the trial ends and asked the public to reserve judgment.
Delrosario, who is married, recently graduated from San Diego State University with a degree in criminal justice.
Copyright 2012 Scripps Media, Inc. City News Service contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.