I think his own words on the audio very much prove otherwise, certainly in respect of an attempt.
He is ordering the girl to lift her legs up, which means he is in the act or attempting to instigate it.
He also offers mitigating circumstances for his actions by insisting he asked politely first. There are also sounds on the audio which don't leave much to the imagination as to it taking place there and then.
I'd go as far as to say he is bang to rights, hung by his own petard, and is hopefully a lay-up for any decent prosecution lawyer.