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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.

Comment on this Story

  • Audrey Finch DeLude

    I didn’t take a plea

  • Audrey Finch DeLude

    I not only gave them permission to show my face, I picked that picture. I didn’t go there to be raped or have sex. Like I said before if I made this all up and there was even one explicit picture or text after I assault I would have been charged. The only way the text and or pictures were even known about was because I personally handed over my cell without deleting a thing. The trooper refused to turn his phone over to Federal department I worked with. I let them show that picture because that was my way of saying I have no reason to hide my face. It’s weird that all these people here have opinions on something that has zip to do with them. Women are rapped everyday and not one deserves it. Anyone want to know why he lost his job??? Hmmm. If he was innocent and accused of something he didn’t do he should be put back in his old position and should have not only pressed charges on me he should have sued for every penny I have. This comes up when you google my name and after all this time I wouldn’t change a thing. Oh one more thing. Why wouldn’t he do a lie detector???? Why??? I did

  • victims

    I agree. I know he is crooked and dirty! Here in NC you Dont stand a chance against the police. They always get away with breaking the law.

  • Mike8723

    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.

  • Guestreally?

    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!

  • Guest2020

    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.

  • Commonsensenotcommontoday

    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.

  • Guest12345

    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.

  • guest8675309

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

  • Rapidash

    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.

  • ILM NATIVE

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

  • Grand Ole Party

    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.

  • Caroline

    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!

  • anne

    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.

  • Truth Seeker

    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.

  • guesty

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

  • Audrey

    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.

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