This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

PROVO -- Friends of a Ukranian ex-BYU student accused of molesting a boy did not convince a judge with their testimony and letters of support that the man was guilty only of cultural misunderstanding, indiscretion and playfulness.

Before sentencing Oleg Barabash, 27, Judge Steven Hansen addressed him sternly: "You cannot stand before me and plead cultural justification for the inappropriate molestation of a child in this case.

"I am not persuaded by that in the slightest. I can't imagine [what you did] is appropriate in Russia, China or the South Pacific," Hansen said.

He then imposed a 240-day sentence in Utah County jail, with credit for the time Barabash has already spent there. Barabash was arrested in May for allegedly molesting the boy, who was 12 at the time, several times over a period of months, beginning about September 2005. Barabash allegedly touched the boy's penis, kissed him on the lips, sat the boy on his lap, exposed his penis to the boy and played a game pretending the boy was a baby so Oleg could remove his "diaper," court documents state.

Four second-degree felony counts of sexual abuse of a child were dropped in exchange for Barabash's guilty plea to two misdemeanors.

More than a dozen friends showed up to the trial, including co-workers from the Missionary Training Center and a couple who sponsored Barabash's coming to the United States. They claimed he was

affectionate and didn't realize what he was doing was considered inappropriate.

Barabash told the court he befriended the boy, and that the boy would confide in him. He said he suspected the victim's family might misinterpret their friendship. Barabash's attorney, Lisa Crawford, likened his behavior to that of Russian President Vladimir Putin, who was scrutinized by the Russian and Western media for kissing a small boy's belly in public.

County prosecutor Donna Kelly called the cultural defense an attempt to distract attention from the crime. "This is not a case about culture. The Russian president wasn't fondling the penis of a young boy. The Russian president was not exposing his penis in the shower. The Russian president was not talking about extremely inappropriate things of a sexual nature."

The victim's father and mother testified how they felt their trust was betrayed by Barabash's actions. The victim told the judge he is afraid to hug his cousins or adults now. "He doesn't know where the boundaries are anymore," said his mother.

Hansen said he kept the sentence shorter than the possible two years because in all likelihood Barabash would spend a significant amount of time in custody during deportation proceedings.

"It's been pointed out that you had feelings for him of love and care, but to be so involved with a child is wrong, plain and simple," Hansen said. "You . . . have been unable to control yourself and your feelings in an appropriate way."