In a recent declaration by Hays County Criminal District Attorney Kelly Higgins, Benjamin Cearley, 28, of New Braunfels, has been sentenced to a term of seven years following his conviction on charges of sexual assault. The decision, handed down on June 13th, stems from a trial wherein a jury found Cearley guilty on two counts.
As the case unfolded, it was revealed by evidence that Cearley, an acquaintance of the victim, sexually assaulted her after giving her a ride home from work. The victim, demonstrating quick thinking and resolve, recorded an admission by Cearley in which he acknowledged that she had expressly refused his advances. Another woman came forward during the trial, testifying to a similar experience of an attempted assault by Cearley, according to a statement released by Hays County's official announcement.
Following the guilty verdict, the sentencing phase saw the jury considering both the gravity of the crime and the lack of Cearley's prior criminal history. While he was eligible for probation, the jurors decided on a sentence of seven years for the first count and two years for the second count of sexual assault. These verdicts are indicative of the jurors' valuation of the crimes committed by Cearley, and his lack of prior offenses produced a nuanced outcome in sentencing.
The victim, seizing a moment of empowerment, addressed the court after the sentencing. "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," she said. Her speech, detailed in the Hays County release, extolled the difficult path to speaking out against sexual assault, a trauma often endured in silence.
Justice was a collaborative effort in this case, with Assistant Criminal District Attorneys Jessica Rabena and Elizabeth Schmidt spearheading the prosecution. "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 expressed. "I hope her courage will inspire others who have been victims of these crimes to come forward and share their stories." The role of the San Marcos Police Department was also acknowledged, being instrumental in the investigation that led to Cearley's conviction.
