New Braunfels man gets 7 years for sexually assaulting woman in her apartment

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Benjamin Cearley (Hays County Criminal District Attorney)

HAYS COUNTY, Texas - A New Braunfels man has been sentenced to seven years in prison in Hays County for sexual assault.

What we know:

28-year-old Benjamin Cearley was sentenced on June 13 after he was convicted the day before on two counts of second-degree felony sexual assault.

The jury gave Cearley seven years in prison on the first count and two years in prison for the second count, to be served concurrently, or simultaneously. As Cearley had no prior criminal history, he was eligible for probation.

Evidence shown at trial revealed Cearley was an acquaintance of one of the victims and gave her a ride home from work. He then sexually assaulted her inside her apartment. The victim then used her phone to record a conversation between herself and Cearley, in which he admitted he was aware she said no and that she didn't want anything sexual to happen between them.

Another woman testified during the trial about Cearley's attempt to sexually assault her inside her apartment as well.

During the punishment phase of the trial, the jury heard additional testimony from the victim and her friend about the traumatic effect the crime had on her.

Victim gives statement after sentencing

What they're saying:

The Hays County Criminal District Attorney's office says that after sentencing, the victim chose to give a statement, saying 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."