A prosecutor acknowledged Monday the statute of limitations has expired for one of two former Boy Scouts alleging sexual abuse by a former scout leader who is a Butler County physician.

Deputy Attorney General Amy Jo Carnicella said the two charges in relation to that alleged victim, which represent half of the charges facing Dr. David Evanko, will be withdrawn.

"It's not that we don't believe he is a victim," said Nils Frederiksen, spokesman for the attorney general's office. "It is just that we must work within time limits. This is a function of the victim's age and the time that has lapsed."

The alleged victims, brothers who are now 29- and 31-year-old men, claim they were victimized by Evanko when they were minors.

Prosecution will continue against Evanko, 55, on charges of involuntary deviate sexual intercourse and statutory rape in relation to the other, younger alleged victim.

Defense Attorney David DeFazio, who challenged the statute of limitations on the older alleged victim, said he will not challenge the statute as it relates to the remaining alleged victim.

"We look forward to going to trial in this matter," DeFazio said. "We believe Dr. Evanko will be found not guilty of all the charges."