The court file of a same-sex rape case in Philadelphia has been missing since May 22, causing a delay in the trial that may contribute to a dismissal of the case.

Kenneth Allen stands accused of raping a gay teen at gunpoint in June 2006, after luring the victim to his room at the Parker Spruce Hotel in Center City by offering him drugs.

PGN does not publish the names of alleged sexual-assault victims.

Once inside the hotel room, Allen allegedly pulled out a gun and told the victim, “We can do this the easy way or the hard way.”

The victim complied and endured two brutal sexual assaults, which involved penetration aggressive enough to cause anal bleeding.

On June 10, 2006, police arrested Allen after the victim spotted him standing at 13th and Locust streets and flagged down a police officer.

Under state law, defendants are supposed to be brought to trial within a year of their arrest or the case is dismissed. Special circumstances can extend that deadline, but the district attorney’s office must show “due diligence” in keeping to the deadline.

Due to the missing file, it cannot be readily determined whether prosecutors were duly diligent in ensuring a prompt trial for Allen.

At a court proceeding this week, defense attorney Emily Mersky asked Common Pleas Judge John J. O’Grady to have the case discharged, noting the lengthy delay.

O’Grady also expressed frustration at the delay and the missing file and, at one point during the July 30 proceeding, took off his robe and said he would visit the Criminal Justice Center’s file room, five stories below his courtroom, to help locate the documents.

O’Grady returned to the courtroom 30 minutes later.

Assistant District Attorney Cheryl Yankolonis emphasized to O’Grady that prosecutors want the case to go to trial. She said the victim deserves his day in court.

O’Grady denied Mersky’s request for dismissal of the case.

Instead, the issue will be revisited at a Nov. 5 hearing in Courtroom 702 of the Criminal Justice Center, 1315 Filbert St., he said.

O’Grady also noted that Allen will remain incarcerated during the interim and expressed hope that the file is located by then.

At the time of his arrest, Allen, 40, was on parole stemming from a 1990 burglary conviction. Due to the rape allegations, Allen remains incarcerated at the state prison in Waynesburg.

A decision on releasing Allen from prison is pending the outcome of the rape case, according to records of the Pennsylvania Board of Probation and Parole.

In addition to rape, Allen is charged with false imprisonment, unlawful restraint, possessing an unlicensed firearm and related offenses.