VIRGINIA BEACH, Va. (WAVY) — A jury of 11 men and one woman convicted a former businessman on Thursday of two sexual assault charges involving a 19-year-old former employee.

Retrial begins for former VB businessman accused of sexual assault

Benjamin Young, 44, was found guilty of forcible sodomy and forcible object penetration. The case pivoted on consent, and whether Young used force or intimidation. The jury convicted Young after hearing two days of evidence.

The original trial against Young ended in a mistrial in October of 2023, as the jury was not able to come to a unanimous decision.

Former HVAC company owner takes stand in sexual assault trial

The incident happened in August 2022 at Hybrid Air, Young’s former HVAC business on Voyager Court. Young’s company was in financial trouble, so Young fired the victim within days of her time at Hybrid Air, a release states. She was picking up her paycheck when Young brought her into his office for 23 minutes.

She testified that after they had conversation about bodybuilding and massages, he sexually assaulted her.

Defense Attorney Kristin Paulding pointed out that Young had no reason to want to hurt her and she did not say no during the alleged assault.

A prosecution expert witness said the 19 year-old was going through a condition known as “shock freeze,” where she was aware of what was going on, but was helpless to do anything about it.

A release from the VB Commonwealth’s Attorney Office states that she attempted to leave, but the door was locked using a key code and Young placed himself between her and the door. He told her, “We should keep this between us” before opening the door to the lobby and following her out to her car.

Paulding said despite the age difference of 23 years, it was possible there was mutual attraction.

Young knew the woman from Cavalier Golf and Yacht club. He used to be a member several years ago, and she was a former cart girl on the golf course.

But Assistant Commonwealth‘s Attorney Kate Aicher pointed out that Young’s DNA was found inside the woman’s body, and she had no motive to lie about being sexually assaulted and having her personal life dragged into a courtroom.

After the verdict, Young’s family members said they were in shock.

“He was expecting to go home today,” one relative said.

Early Thursday afternoon, the jury sent Circuit Court Judge Afshin Farashari a note saying they were deadlocked, but Farashari told them to keep deliberating. Young‘s first trial on the same charges ended in a hung jury in October.

The two felony sexual assault charges typically carry from five years to life in prison each. However, according to sentencing guidelines accounting for the fact that Young does not have a criminal record, he faces from eight to 17 years at sentencing in September.

Farashari revoked his bond and he was led away to jail. Young had been free on a GPS ankle monitor prior to the conviction.

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