Colorado doctor arrested, charged in alleged date rape -- Lawyer says "rush to judgment"

UPDATE: Prosecutors say Denver cardiologist Stephen Matthews now being charged in 10 sex cases

Dr. Stephen Matthews, a cardiologist affiliated with several metro area hospitals, has been charged with three counts of sexual assault for having sex with a woman who told police she had no memory of engaging in sex with the heart doctor during the course of a date in January.

During an interview with Denver police, Matthews, 35, told police he and the woman "had consensual sex."

But the Denver District Attorney has charged Matthews with sexual assault with no consent, sexual assault on a helpless victim and sex assault on an incapable victim, all felony charges.

According to police documents obtained by CBS News Colorado, Matthews and the woman met through a dating app called Hinge. 

They communicated for several weeks before agreeing to meet for brunch on Sunday, Jan. 29. 

The pair had breakfast and mimosas and then the two walked to Matthews nearby home. 

The woman told police the two played Jenga and "hung out in his hot tub." She says after some time she began to feel poorly and last remembers being in the hot tub.

Her next memory, she said, was from nearly 10 hours later when she was at home, being treated by paramedics. 

The document says the woman discovered, "hickies on her chest but did not remember any interaction like that with Stephen."

She told police she decided to press forward with the criminal investigation after finding out that a family friend had gone on a date with Matthews several years earlier "and had a similar experience."

Denver police contacted Matthews, who told them the woman had "one or two mimosas" and had another mimosa at his house while "he was having tequila." 

He told investigators the woman had two shots of tequila. He said that they started kissing in the hot tub  and then he asked her if she wanted to go to bed. She says that she did, and according to Matthews, "they had consensual sex."

Matthews told police, after they were done having sex she vomited. He said that he helped her and she vomited two more times. 

He told police she later called for an Uber and went home. He said that he checked in with her later and she had been apologetic.

As a part of the investigation, the woman underwent a sexual assault examination although the police document does not detail the findings.

Matthews attorney, Douglas Cohen, told CBS News Colorado that the case against the cardiologist is "based on the government's rush to judgment, errors of omission and failure to fully investigate. The case is about two adults, who, like many folks these days, met online and had consensual sex on their first date. Unfortunately," wrote Cohen, "that lifestyle can result in buyer's remorse, jilted lovers and tall tales. But it's not a crime."

Although Cohen declined to be interviewed on camera, he went on to say, "the accuser's story simply does not add up. Police omitted from their arrest affidavit many details that contradict her claim of no consent. The government also had no forensic medical evidence to prove the accuser was too impaired to consent. We will defend him to the fullest."

A spokesperson for the Denver District Attorney's office declined to comment on the case.

Casey Ballinger, a lead advocate with the Blue Bench, an organization that tries to prevent sexual assault, said date rape cases are generally underreported. 

She says about one of every 10 sexual assaults reported to her organization fall under the umbrella of date rape. 

She told CBS News Colorado the reason the cases are not often reported is because the victims and perpetrators know each other, victims fear retaliation and fear not being believed.

"For a lot of people there's that fear of 'he said- she said'  and not being believed in that capacity," Ballinger said. "A lot of these cases happen behind closed doors and there may or may not be additional evidence to provide to these folks who are responsible for moving forward with the case in the criminal legal system."

Ballinger said the way a sexual assault survivor dressed or how much they drank is immaterial. "Honestly, none of that matters," she said.

"Any individual, regardless of gender or identity should be able to wear what they want or drink what they want, as much as they want, with the assurety they can get home safely without another person causing them harm," she expressed. 

A state medical database lists Matthews' medical license as active and indicates there are no disciplinary actions against his license.

Denver police arrested Matthews on March 22. He was released from jail the following day after posting $50,000 bond. He is scheduled to appear in court again on May 15.