make WWAY your homepage  Become a fan on facebook  Follow us on twitter  Receive RSS Newsfeeds  MEMBERS: Register | Login

Trooper cleared of sex assault allegations, accuser upset

READ MORE: Trooper cleared of sex assault allegations, accuser upset
trooper.jpg

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.

»

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?

Rapist

I again am Audrey and I'm tired of seeing this every time I google my name. For all of you that have question and or comments give me a call. 910-228-4959. Thanks

texting

I think if I had been sending sexually explicit texts that they can't even reprint here and then went to his house I would have an idea what was coming. If he did in fact rape me after I went over there, I would not be sending him sexually explicit photos and text messages AFTER the rape as the detective indicated in the story she did.

I never said it gives a man

I never said it gives a man the right to forcibly rape a woman, but I do believe that in a situation like this, where both were expecting sex to happen, that she certainly contributed to whatever did happen. If you try to break up a fight and get punched in the nose, you put yourself in the position for this to happen and assume responsibility when you make that decision. I personally feel that the majority of so-called "rapes" are nothing more than a disgruntled female who didn't get something she wanted after the act was over.

good

Whole thing sounded off in the beginning. No woman asks a stranger to her home unless she wants something. Why does this man need to go online to get sex dates? Hes cute and employed.

Das.....re-read the

Das.....re-read the story....she went to HIS place, which makes things even more in his favor. But, same difference when the dust settles.

Charge Her

Now, Mr David, charge her with filling an fictitous police report! She deserves the same scrutiny and public defammation that he went through. I guess she didn't get what she wanted and tried to make his life a living hell and she did. She deserves to pay for what she did.

And, no, I am not a guy defending him, but one who has seen the women all over these guys all the time.

If Smiley

and her new Commandant hold true to their prior statements, his best case scenario, after embarrasing himself and the Patrol, will be a transfer far, far to the west.

Lessons -- don't leave the Patrol Car outside; even Barney knew better than that. Keep the handcuffs and pepperspray out of the scheduled events. Get written consent.

Smiley.....WTF..Put that

Smiley.....WTF..Put that stem down man...you be trippin.
Glad to see the trooper came out "on top" of the situation.
Fat girl will think before she tries to set up another Law Dog..
The courts should charge her..and the Trooper should sue....

Not certain

what a stem is. But you might want to stop sniffing glue or carpet cleaner or whatever has your communication skills on the off position.

Tom

A "stem" is something used to smoke crack. People use the term "pipe" as in get off the pipe, but a seasoned crack user would use a stem.