Prosecutors will not hold a retrial in the case of two young men accused of rape at a Kergunyah birthday party, after a jury last month returned an "undecided" verdict.
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Mitchell Bowran and Charlie Star, both now 22 years old, faced trial in July over the allegations made by a 17-year-old girl, who said she was raped behind a shed on the night of September 2, 2017.
Bowran was found not guilty on four counts of rape and the jury was undecided on the fifth.
They appeared in Melbourne County Court on Wednesday where the prosecution discharged the "undecided" charges.
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This means Bowran has been cleared of any wrongdoing, but Star will face court again on October 23 for a plea hearing on the one count of rape before the judge decides his sentence.
It was agreed between the prosecution and defence at the trial that the victim and Bowran were flirting and kissing at the 18th birthday party before they walked behind the shed and were joined by Star.
The girl gave evidence that she told the boys "I don't want to do this anymore", but they continued.
Both Star and Bowran denied the rape, saying the sex was consensual, but the jury concluded Star forced himself on the girl on one of the occasions she was penetrated.
