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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.

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43 Comments on "Trooper cleared of sex assault allegations, accuser upset"

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Audrey Finch DeLude
2016 years 2 months ago

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… Read more »

2016 years 2 months ago

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.

2016 years 2 months ago

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.

2016 years 2 months ago

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!

2016 years 2 months ago

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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