Sexual assault charges were dropped against Uber driver Maxine Fohounhedo, 30, after he produced an audio recording from the night of the alleged attack

Sexual assault charges against a Chicago Uber driver have been dropped after prosecutors heard a secret recording he made of his passenger the night of the alleged attack.

Maxine Fohounhedo, 30, was charged in December with kidnapping and raping a female passenger he picked up after she ordered an UberX ride the month before.

The 22-year-old woman told police she was intoxicated and fell in and out of consciousness during the ride with Fohounhedo.

She alleged that she eventually woke up in Fohounhedo's apartment as he was having sex with her, according to the Chicago Sun-Times.

The woman told police he then helped her into his car and drove her home.

She called police the next day and a rape kit was administered at Swedish Covenant Hospital, the Chicago Tribune reported.

Shady Yassin, Fohounhedo's attorney, claims the woman made a pass at his client when he first picked her up and then they 'went back to his place.'

'Whatever happened there did not arise to anything criminal,' Yassin said.

According to Yassin, Fohounhedo made the nine-minute recording as he drove the woman home because 'he had a gut feeling he needed to protect himself'.

'She was having a friendly conversation with him,' Yassin said. 'And talking about her boyfriend and her work, and gave him a hug in the end.'

Yassin said when Fohounhedo helped the woman out of his car she said 'thank you so much'.

The attorney said prosecutors authenticated the recording after Fohounhedo turned over his phone.

Shady Yassin, Fohounhedo's attorney, said the woman made the pass at his client when he first picked her up and then they 'went back to his place'. 'Whatever happened there did not arise to anything criminal,' he said. Fohounhedo's wife Sheena (right) said the couple will have to work to get past the incident

Fohounhedo was released from Cook County Jail on Monday night. He has spent the last four months behind bars.

Sheena Fohounhedo, his wife, told ABC 7 the couple will have to work to get past the incident but that she is happy her husband is coming home .

Fohounhedo was using his wife's Uber account, which is a violation of the company's policy, when he picked up the 22-year-old woman.

Uber removed Fohounhedo from the service after he was charged with assault.

Yassin said his client wasn't given a chance and that 'everybody immediately thought he was guilty'.

He said Fohounhedo has no ill will against Uber but does not plan to work with the company again.

Fohounhedo was just one of several Uber drivers who have been accused of sexual assault since the app was launched in the US in 2011.