maxine fohounhedo , 30 , was charged in december with kidnapping and raping a female passenger who ordered an uberx ride .
woman , 22 , told police she was intoxicated during the ride and alleged she woke up in fohounhedo 's apartment and found him having sex with her .
fohounhedo 's attorney said the woman made a pass at the driver when he picked her up and they ` went back to his place '
` whatever happened there did not arise to anything criminal , ' he said .
attorney said the nine-minute recording shows woman having a friendly conversation with fohounhedo as he drove her home .
fohounhedo was released from jail on monday night .