New Braunfels man sentenced to 7 years after sexual assault
HAYS COUNTY, Texas (KXAN)-- A New Braunfels man was found guilty on June 12 after he was accused of sexually assaulting a woman, a Hays County Criminal District Attorney press release revealed.
Benjamin Cearley, 28, of New Braunfels, was found guilty of two counts of sexual assault and sentenced to seven years in prison, the Hays County DA said.
Evidence brought in during trial revealed that Cearley was an acquaintance of the victim, had given her a ride home after work, and assaulted her inside her apartment, the release said. A video recording taken by the victim also revealed Cearley “admitted he was aware that the victim had told him ‘no’" and that she did want “anything sexual to happen between them,” the release stated.
Another woman had also testified during trial, accusing that Cearley attempted to assault her inside her apartment as well, the release added.
According to the DA, the assault had a traumatic effect on the victim.
Clearly had no prior criminal history and was eligible for probation, the release noted. Ultimately, the jury had returned a sentence of seven years in prison for the first count of sexual assault and two years in prison for the second count of sexual assault.
The release shared that following his sentencing the victim gave a statement:
“I will never forget the pain I’ve endured, but I am no longer letting it define my future. I am proud of myself for going through with this, for standing here today and speaking my truth…I know how difficult it is for victims to come forward, to speak about something so painful and raw,” she said, in part.
The statement continued, directing it towards the assailant, “To the person who assaulted me, Benjamin Cearly: What you did to me was wrong. You took something from me that you had no right to take. But you will not take my future. My life, my healing and my joy belong to me -- and I am claiming them back, piece by piece.”
The statement concluded with the victim thanking the court for “giving me the space to share my story.”
“This moment is not the end of my journey, but a turning point. I am moving forward-- not because of what happened, but in spite of it,” the statement concluded.
According to the release, the San Marcos Police Department investigated this case, which was prosecuted by Assistant Criminal District Attorney’s Jessica Rabena and Elizabeth Schmidt.
"We want to thank the victim in this case for her bravery in reporting this horrific crime and for having the strength to face the defendant in Court and testify,” Schmidt said. “I hope her courage will inspire others who have been victims of these crimes to come forward and share their stories. We also want to thank the jurors for their service and the San Marcos Police Department for their work investigating the case. Justice has prevailed.”