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Trooper cleared of sex assault allegations, accuser upset

READ MORE: Trooper cleared of sex assault allegations, accuser upset
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WILMINGTON, NC (WWAY) -- After months under investigation, a state trooper accused of sexual assault will not face charges.

In July, a Brunswick County woman claimed the Wilmington-based trooper brutally raped her in his home. Today, the district attorney said the relationship was consensual.

When we spoke with the alleged victim this summer, we did not disclose her name or show her face. Now that the DA says no crime was committed, we feel it is only fair to the trooper that we do identify his accuser.

"In this day and age, it's no longer a he-said-she-said case," DA Ben David said. "It's a he-texted-she-texted case."

Investigators say Tpr. Bryan Phillips and Audrey Finch exchanged 563 documented text messages and phone calls, many sexually explicit, over four days in July. That's what led them to determine the couple's sexual encounter was consensual and not rape.

David says three calls and nine text messages between the two happened after the night Finch claimed the rape happened.

"I will not describe one of the pictures that the victim sent after the alleged assault, but suffice it to say that there was no indication that there was any lack of consent at any time," David said.

Finch and Phillips met on an online dating site. Finch said the attack happened when she went to Phillips's Wilmington apartment. After telling Wilmington Police she was raped, the investigation was handed to the SBI and the Conference of District Attorneys, which made the determination that no charges should be filed.

Finch is not happy with the decision.

"Tpr. Bryan Phillips brutally raped me, and I am devastated and outraged he got away with it," Finch told WWAY today. "From nightmares to fear of men, I am forever tortured, and will never be the same girl again. I have nothing to gain from this."

David says he also looked into possibly charging Finch for giving false information to law enforcement. He says Finch has been convicted of that crime in Virginia.

Tpr. Phillips remains on administrative duty as Highway Patrol completes an internal investigation.

We tried to call Phillips today for comment, but he did not answer our call.

Disclaimer: Comments posted on this, or any story are opinions of those people posting them, and not the views or opinions of WWAY NewsChannel 3, its management or employees. You can view our comment policy here.

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Still Waiting Assignment

Why still no word on the Internal Investigation. Phillips should be back on the road where he belongs. This has nothing to do with him being a trooper. My understanding is that a Supervisor from outside the Troop is looking to hammer him and transfer to another county. Mr. Phillips get your lawyer, contact the labor department and destroy anyone who tries to ruin your career, including that Supervisor.
The news should keep us up todate on this issue.

Dark Ages...

While I don't know either of these people, I do find David's conclusions about the case very archaic. It takes us back to the day when people said if you dress like you want it, then you deserve to get it. So what if she exchanged sexually explicit texts and pictures with him. Does that mean that he has the right to have sex with her if she is saying no? David just took away all the things women have fought for in relation to this case. It should have been tried. Period. I used to have respect for him, but I just can't seem to find that respect now.
Before any of you get your panties in a bunch, I did not say that either party was guilty. Think about your daughters. If they did that with a boy, then he had sex with her while she said no, what would you do? Say she deserved it.

Did you even bother to read

Did you even bother to read the article?

She sent him sexually explicit text messages AFTER he supposedly raped her. Not only that, but she's been convicted of falsely accusing another man of rape in VA. She's a proven liar and this trooper is innocent.

Why don't you get your facts straight before you go spouting off at the mouth.

I am Audrey and you should

I am Audrey and you should get the facts straight before you judge a situation that is frankly none of your business anyway. The charges in Virginia were against my husband for a domestic situation and instead of him being convicted I took a plea to committing a false police report against him. Thank you Also, I did not send any pictures after the assault. If that were true I would have been charged with something.

You made it our business

Why would you take a plea deal unless you know you told a lie? Once a liar, always a liar.

Everyone should learn a lesson from this

1. If you cruise the Internet for a date, all you're going to encounter are losers.

2. Avoid fat chicks. Ugly goes away when you turn off the light, but fat hangs around and bugs you all night.

Well

Well - the story is out! The paper trail led to her being found to be a liar. Did she not think that the e-mails and texts would not come into play? As the judge from People's Court says, "say it, forget it; write it, regret it". Your texts will find you out.

If all is true that was said, she has ruined this trooper's reputation, something he cannot get back. Accusations can be made and can be retracted or disproved, but once they are out, the reputation is ruined. It will be interesting to see what happens now. Will he sue her? Will she be charged? If she made unfound accusations, she should be charged.

It is sad all around. Her name and face are out there, his reputation is ruined, and really, nobody wins.

My mother always told me

My mother always told me "don't put in writing what you don't want the world to know it." The same goes for electronic transmissions as well.

on line hook ups

You set yourelf up for anything when meeting stangers on line and meeting up with them alone for whatever reason, when you don't give yourself a chance to get to know them. There are alot of crazies out there!

He should sue her

Phillips should sue her immediately!! Even if David does charge her, it will only be a misdemeanor and nothing will come of it.

Phillips will never be able to work in Law Enforcement the same again. He is ruined whether it was true or not. People will always have doubt and that will ruin the reputation of a cop (even though this non-existent crime had nothing to do with law enforcement).

This is a sad event initiated by a sad life of a person.

IF HE WAS GUILTY

do you think he would have been found guilty, not in this lifetime. Pigs cover for Pigs

Well..

He wasn't found guilty so tough, lowered yourself to name calling? The 3rd grade is back that way <<<<<<

You again?

Really? Upset because he was cleared? You are such a cupcake. Just because one of them took your wife doesn't mean they are all bad apples. Man up and learn how to treat a women and maybe the next hag you hook up with won't dump you. I reckon at your age you are kinda running out of time, maybe you can get a mail order bride or something.

No one had to cover for him.

No one had to cover for him. Have you followed this story? It was a mutual thing. I think she wanted more out of the relationship than he wanted to give or her husband found out and she lied. I'm glad they showed her face.
Been waiting to hear the outcome and am thrilled that there are no charges being pressed against him!

Well-Done, Internal Affairs

Glad to know that as a sexually-active woman who has engaged in consensual sex with many partners, I can never also be raped by any of them.

reply

Would you send sexually explicit texts and photos AFTER the alleged rape if you WERE IN FACT RAPED? She Did. I wouldn't ever talk to the guy again.

@ Thoughtful Commentary

Well fist off if you are sexually-active who have MANY PARTNER. Well then you sound like a Sl_t. You are not suppose to engage in sexual intercource until MARRIAGE. That is what is wrong with the World today it is a ME society, have we all forgottten what MORALS and Family Values are???? You person and I call all Ladies Ma'am but if you are sleeping with everyone you meet and no Ma'am. And to top it off you are most likely some left leaning Liberal Dem who thinks that their way is all ways right. Sorry to inform you but your not, and HUSSIEN obama STINKS!!!!!

1SG America

Someone needs some medication...

...and a grammatical refresher course. "Fist" (sic) off, when you spout gibberish--and do it poorly--you do nothing for your side of an argument.

A woman could have had sex with one man (or woman) or hundreds, but that doesn't excuse rape. I don't think THIS case is a very good example and sets an awful message to bona fide rape victims: don't report an assault or YOUR reputation will be questioned.

Instead of questioning someone's sexual history, how about teaching boys not to rape?

Found nonguilty of rape

As a single woman most of the men I meet are married or serious with someone else. Usually I find out after we've been together. I prefer a single man. I've been out with many men also, deep believer in God cause I know he loves me.
The words spewing from your mouth are not the words of God's love for everyone no matter what. I bet you're a closet cheater on your spouse. The ones who speak the loudest are usually the ones committing the act.
If you want change move forward with a positive attitude to make positive changes and let go of your selfish heart and embrace God's love. Pass it on not your hateful tongue.

Not from around here......

You are not from around here, are you?

Wilmington Observer

Why the NCSHP Investigation????

This case has nothing to do with Phillips being a Trooper. This all happened when he was off duty. Why would the Highway Patrol continue with its investigation. Word of advice Mr Phillips, have your lawyer present during any meeting with your superiors. Good luck and keep your head high, we all know from the beginning that this was a BS allegation against you. Also why do Troopers have to use their own private cell phones for State business. Are they compensated???

Troopers are not

Troopers are not compensated, in any way, for using their privately owned cell phones for state business. If they wish to be able to carry a phone at work, they must sign a release stating that they will provide any and all phone records if requested.

Trooper Cleared of Rape Charges

It is good this Highway Patrolman has been cleared! Wanted to thank WWAY for broadcasting this information, as well as identifying the accuser. I think that was fair and I applaud WWAY for giving the necessary air time to tell the public that he was cleared!

Also, I do not know either of the parties.

First, I do NOT know either

First, I do NOT know either of the parties.....and with that being said....I think WWAY did a great follow up with letting us know that the trooper was cleared....the female definately needs to have some charges filed against her...based on the history the DA said she had done something simular in VA......how many lives will she ruin?

What did that politician

What did that politician say... "Some girls rape easy."

Name

Since she tried to run this troopers name in the mud, why ins't her name released? Since she has a history of making false claims, all men should get fair warning of this crazy woman.

Her name is given in the

Her name is given in the story, had you bothered to read it.

Not at first

I don't believe her name was in the story at first, and WWAY added it in but I may be wrong.

Look at the time of the story at the top of the page:

Submitted by Marissa Jasek on Thu, 11/01/2012 - 11:59pm.

And look at the time of my comment:
Submitted by guesty on Thu, 11/01/2012 - 5:18pm.

I think justice has been

I think justice has been served. Any woman that goes to a man's home that she does not know after this type e-mails have been exchanged is pretty much on her own and whatever happens unless she is deliberately injured pretty much had it coming.

Your Comment

So if you have been flirty with a man and go to his house, you are automatically consenting to sex, and deserve to be raped?