PROVO A judge brushed aside an argument Tuesday that cultural differences were a 27-year-old man's reason for inappropriate sexual behavior with a young boy.
Oleg Barabash, a former Brigham Young University student from Ukraine, was sentenced to 240 days in jail for two class A misdemeanors of lewdness involving a child. Four second-degree felony charges were dropped in exchange for the guilty plea.
"You served in the (LDS) church," 4th District Judge Steven Hansen told Barabash. "You understand standards and codes of conduct. You cannot stand before me and plead cultural justification for inappropriate molestation of a child."
Prosecutors with the Utah County Attorney's Office said Barabash developed a relationship with a 13-year-old boy in which Barabash would share sexually graphic stories and conversations, show the boy his genitals and inappropriately touch the boy.
"This is not a case about culture," said Deputy Utah County Attorney Donna Kelly. "Mr. Barabash knew that what he was doing was inappropriate."
The victim and his family spoke to the judge about their desire for justice, not revenge.
"My life has changed in a bunch of ways," the young boy told Hansen. "I hope that (Barabash) can get the help that he needs. I hope that everybody can recover."
The family met Barabash through their involvement in The Church of Jesus Christ of Latter-day Saints and said they were friends until their son told them of the abuse.
"We wish him no harm," the boy's father said of Barabash. "But an important part of change is recognizing what was wrong, (recognizing) the maliciousness."
Friends of Barabash also spoke, emphasizing the man's playful and loving nature.
"No matter how bad the day got, we had Oleg to cheer us," said Sherri Giles, who considers herself a second mother to Barabash.
Sherri Giles and her husband, Bobby, served an LDS service mission in Ukraine, where they first met Barabash.
Because he could speak English he would help the couple navigate the new culture, which they said is dramatically different from the American culture.
Barabash also later visited the Giles in their South Carolina home multiple times and was always kind to their children and grandchildren, Bobby Giles said. He and his wife have traveled from South Carolina to attend each hearing.
"No matter where he goes or what they do to him, we'll be there (for him)," Bobby Giles said.
Barabash will serve time in the Utah County Jail with credit for 90 days he has already served then be deported, Hansen ruled.
"You need to serve time for this," Hansen said. "The young man needs to know that you are serving time and you should want that for his benefit. You should want to serve time to enable them to feel there's justice in this world and you are paying a price."
E-mail: sisraelsen@desnews.com
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