Hamilton County Juvenile Court Magistrate Donald Webb wrote in his decision that the girls were not credible.

The girls had accused the Colerain Township boy of raping them on separate occasions in February and March while the students skipped class.

"The most common response of her testimony was, 'I don't remember,' " Webb wrote of one of the girls, adding that she also wrote the boy a note after their encounter in which she expressed that he was on her mind and she was interested in seeing him again.

Last week both girls insisted in court testimony the teen held them down and refused to stop.

The first act, involving a 15-year-old, was alleged to have occurred in the boys' locker room; the second - with the then-14-year-old - took place in a storage room.

Ken Lawson, the attorney representing the 16-year-old, applauded the magistrate's decision. Lawson had insisted the sex was consensual.

"No, they shouldn't be engaging in sex in school but this wasn't rape," he said. "This has to do with something getting out of hand."

In closing arguments last week, Hamilton County Assistant Prosecutor Dotty Branson noted the boy gave police a taped statement that he had sex with the girls after they said no. She compared the incidents to date rape.

Webb wrote that, while the boy's court testimony and statement to police was contradictory, there was not enough evidence for a conviction. The prosecution has 14 days to object to Webb's decision.

A district spokeswoman confirmed Tuesday that the boy was expelled earlier this year after he was charged but declined further comment on the case.

E-mail jedwards@enquirer.com.