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Hays County Criminal District Attorney Kelly Higgins announced on June 17 that 28-year-old Benjamin Cearley of New Braunfels was sentenced to seven years in prison on June 13, 2025.
On June 12, 2025, a jury found Benjamin Cearley guilty of two counts of sexual assault. The evidence at trial showed that Cearley was an acquaintance of the victim. He gave her a ride home after work and then sexually assaulted her inside her apartment. After the offense occurred, the victim thought to use her phone to record a conversation between herself and the defendant, during which the defendant admitted he was aware that the victim had told him “no” and that she didn’t want anything sexual to happen between them. Another woman also testified during the trial about the defendant’s attempt to sexually assault her inside her apartment as well.
BENJAMIN CEARLEY
After the jury found the defendant guilty of both counts of sexual assault, the punishment phase of the trial began. The jurors heard additional testimony from the victim and her friend, detailing the traumatic effect the crime had on the victim. The defendant had no prior criminal history and was eligible for probation. The jury ultimately 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.
After sentencing, the victim chose to give a statement. She said, in part, “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. 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.
“I hope that my courage to stand up will remind others that they are not alone, that they too can find the strength to fight, even when the scars feel too deep to heal. I hope that, in some way, this will help bring closure — not only for myself, but for anyone who has lived with this kind of trauma, with this kind of betrayal.
“To the person who assaulted me, Benjamin Cearley: 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.
“Thank you to 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 San Marcos Police Department investigated this case, which was prosecuted by Assistant Criminal District Attorneys 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.”
