10-year-old girl testifies in Surrey sex assault case

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The 10-year-old Surrey girl who says she was raped in her own bedroom says she was awakened in the middle of the night last April by a man sitting on top of her.

She said the person was white and was wearing a muscle shirt and hoodie and his jeans were off. She described his hair as being longer on top and short on the sides, styled similar to Elvis.

She said she thought the man in her room that night was Kyle Berkson, a friend of the family's.

"It sounded like him and it kind of looked like him," the little girl testified Friday in Surrey Provincial Court.

Berkson, 36, is on trial on charges of breaking and entering with intent to commit sexual assault with a weapon, invitation to sexual touching, sexual interference and making threats. He's accused of breaking into a Guildford-area home and assaulting the then-nine-year-old girl.

The girl's name cannot be published, nor can any information that could identify her.

The child testified that the man whispered for her to be quiet and she complied because she was scared. He then sexually assaulted her, which the girl said made her feel "very grossed out and scared."

The man threatened her and told her to stay quiet for five minutes, then left. She said she waited four minutes before going to her grandparents' room and telling them what happened.

The girl's grandparents have raised her since she was a baby, and the girl refers to the couple as "mom" and "dad."

Her mom, she said, got up right away, while her dad asked if maybe she'd had a bad dream.

The girl also showed the court her wrist, where she has a scar from allegedly being cut by what she guessed was a pocket knife. She didn't see a weapon, however.

On cross-examination, Berkson's defence lawyer questioned the girl's uncertainty about the perpetrator's appearance that night and that she told police at the time she wasn't absolutely sure it was Berkson who assaulted her.

"I was doing my best," she answered.

When asked if it was possible the incident didn't happen – that she perhaps made the whole thing up, the girl spoke loudly.

"It's not possible because it did happen."

The case has been adjourned until Wednesday (Feb. 2).

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