by | Published
Benjamin Cearley, 28, of New Braunfels, was sentenced to seven years in prison on June 13, 2025, after a Hays County jury found him guilty of two counts of sexual assault. Hays County Criminal District Attorney Kelly Higgins announced the sentencing today.
The conviction followed a trial on June 12, 2025, where evidence showed Cearley, an acquaintance of the victim, sexually assaulted her inside her apartment after giving her a ride home from work. Crucially, after the assault, the victim recorded a conversation in which Cearley admitted he knew she had told him "no" and did not want anything sexual to occur. During the trial, another woman also testified about Cearley's attempt to sexually assault her in her own apartment.
Despite having no prior criminal history and being eligible for probation, the jury delivered a significant prison sentence after hearing additional testimony from the victim and her friend about the profound trauma caused by the crime. Cearley received seven years for the first count of sexual assault and two years for the second.
Following the sentencing, the victim chose to deliver a poignant statement, emphasizing her journey of healing and resilience.
"I will never forget the pain I’ve endured, but I am no longer letting it define my future. I am proud of myself. I am proud of myself for going through with this, for standing here today and speaking my truth. It has been a long and painful journey, and it’s taken everything in me to get to this point," she stated.
She expressed hope that her courage would inspire other victims to come forward: "I know how difficult it is for victims to come forward, to speak about something so painful and raw. Many people, after all this time, would have stayed silent. Many never do. But I chose to speak. I chose to share my story, to make my voice heard. And I will never regret that."
Addressing Cearley directly, she asserted, "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." She concluded by thanking the court and affirming, "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.”
Assistant Criminal District Attorneys Jessica Rabena and Elizabeth Schmidt prosecuted the case, which was investigated by the San Marcos Police Department.
"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,” said Elizabeth Schmidt. “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.”
