Judge Parsons said it was on that basis there were grounds for the charges to be dismissed, and Aitken was acquitted.
Interim non-publication orders lapsed at the conclusion of proceedings.
Aitken had previously pleaded not guilty and had been on bail since the charges were filed in November 2023.
Court documents show the charges relate to alleged offending in Dunedin between August 1993 and August 1995.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.