With a victim who has no memory of an alleged sexual assault and a key witness who did not see intercourse taking place, prosecutors agreed to the dismissal of rape and other charges filed against Kirk D. White.

But, those charges could be refiled depending on laboratory test results of samples taken from the 15-year-old female victim during a hospital examination, Assistant District Attorney William Moder said.

White, 30, of 370 Ormond Ave., still faces charges of attempt to commit rape and statutory sexual assault, and indecent assault.

Charges of rape, indecent exposure, statutory sexual assault and aggravated indecent assault were dismissed by District Justice Henry J. Russo, Hermitage.

Diane Phillips of 124 Fruit Ave., Farrell, testified at White's preliminary hearing Wednesday that the girl came to her house after 2 a.m. Feb. 1 and complained that her stomach was hurting.

She went upstairs to lie down. Ms. Phillips said she checked the girl later and found her, fully clothed, on a mattress.

White, who attended a party at Ms. Phillips' apartment that had broken up, went upstairs to got to the bathroom, Ms. Phillips said.

"I heard (the girl) making a noise, like a moaning sound," Ms. Phillips said.

She said she went upstairs and found White, still wearing boxer shirts, on top of the girl, whose bottom clothes had been removed.

White, who was represented by Assistant Public Defender Dan Davis, got off the girl, and Ms. Phillips pushed him against a wall, she said.

"I asked him what he was doing," she said. "He said, 'I ain't doing nothing to her.'"

Ms. Phillips said she told White to leave and he collected his clothing, except for a gray T-shirt that Ms. Phillips called a "wife-beater," and left.

Ms. Phillips said she woke up the girl, an eighth-grader.

"She was in a daze," Ms. Phillips said. "I woke her up and told her to put her clothes on. She was like, 'What's going on.' That's all she said to me."

The girl testified that she does not know White. She recalled going upstairs because of an upset stomach, but did not remember waking up, only being at Ms. Phillips' house. She did not remember being assaulted, she said.

She was examined at UPMC Horizon, Farrell, she said.

White was returned to Mercer County Jail, where he is being held on a parole detainer.