28-year-old Benjamin Cearley of New Braunfels was sentenced to seven years in prison on June 13, according to Hays County Criminal District Attorney Kelly Higgins. The San Marcos Police Department investigated the case.
On June 12, 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.
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.
