Texts which proved Cronulla rapist's guilt

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A judge has found that a tradie "knew" his 20-year-old date wasn't consenting when he raped her inside a hotel room, a court has heard.

Kurt David Spurr, 31, faced the NSW District Court on Wednesday, where Judge Nicole Noman SC made a "qualified finding of guilt" on four sexual offences committed by the Cronulla man.

The court heard how Spurr took the young woman on a date to Northies in June 2020, where the pair drank alcohol and he gave her cocaine.

He later took her to the Rydges Cronulla, where he raped her on the bed.

Spurr was charged with two counts of sexually touching another person without consent and two counts of sexual intercourse without consent.

The case was heard by a special hearing as Spurr was found unfit to stand trial due to his schizophrenia, for which he is medicated.

Judge Noman detailed how Spurr raped the victim after she rejected a number of his advances throughout the night and told him on the hotel balcony that she wanted to "take things slow".

"It should not be assumed that she consented to sexual activity because she, A: consumed alcohol or another drug or B: agreed to attend a hotel room with the accused," Judge Noman said.

The finding of guilt came as a result of texts between the victim and her best friend.

In the texts, the victim said she was "nervous" as Spurr wanted to "f**k me".

"I think that I'll just say I'm not ready," the victim said to her best friend.

Judge Noman detailed how the victim left the hotel room straight after the act and was picked up by a friend.

She went to a friend's house briefly before going to the hospital, where police attended.

"She remained at the hospital for hours," Judge Noman said.

"She initially underwent the medical examination and provided samples. She did not want police involved but changed her mind promptly."

Judge Noman said she did not accept Spurr's account that the victim was "all over him" and that they had been making out all night.

"I accept the complainant's account of the accused making physical advances and her rebutting him," Judge Noman said.

Spurr attended Waverley College, where he played for the local rugby club.

He later worked in the construction industry and obtained his builder's license, also writing a novel.

Secret phone call recording

On Monday, the court heard how Spurr apologised to the woman for the alleged acts - unaware that the police were secretly recording the call.

"If we're ever going to see each other again, I just want you to know, just tell me that you would never do something to me again like that," the court heard her tell Spurr.

"Because I really did feel kind of uncomfortable and felt like you kind of forced yourself a little bit upon me."

Spurr responded: "Yeah, okay, sorry about that."

Judge Noman said she was satisfied that Spurr "did acknowledge either in whole or in part" the acts during the phone call.

The court previously heard how the victim described the rape as "never-ending" and that Spurr said multiple times throughout "sorry, I didn't realise you didn't want it" but continued.

The victim said she told him "please stop" and "please don't" throughout the rape and that it only came to an end after she was able to "push him away" at one point when he "moved back on the thrust."

He will be sentenced on November 21.