HUTCHINSON, Kan. — A former Hutchinson Community College student who recently withdrew his plea in a sexual battery and kidnapping case is still awaiting a preliminary hearing.

Because Victor Pedraza Jr. withdrew his plea, the state reinstated two counts of rape. The counts had been dismissed as part of a plea agreement.

However, the state has a problem: finding the victim. Deputy District Attorney Tom Stanton has filed a motion to allow hearsay testimony at any hearing. Because the victim can’t be located in Japan, the state wants to use hearsay testimony. The state says Pedraza was ordered to have no contact with the victim after his arrest, but contacted the victim through social media and attempted to dissuade her from testifying. The state believes that contact may have worked. Because of that contact, the state believes Pedraza forfeited his right to confrontation and says he’s responsible for the victim’s unavailability.

A hearing on that matter had been scheduled this week, but because of a possible jury trial, it was continued. Judge Joe McCarville will reset a hearing for this motion in the coming weeks.

Pedraza is accused of beating a female college student from Japan who he had been dating off-and-on. He then allegedly set her passport and documents on fire. Police say the victim was tied to a bed and beaten, then forced into sex twice. The state entered the agreement so that the victim would not have to come back to the U.S. to testify, but he withdrew that plea.