Ukrainian man, 31, says he was in relationship with girl, 16. McHenry County authorities say it was criminal.

Defense attorney and girl’s mom say romance is legal and social norm in Ukraine

Viktor Basha

A 31-year-old man who moved to Illinois from Ukraine four years ago said he was in a “relationship” with a 16-year-old girl for six months, but Lake in the Hills police allege that he committed a series of felonies.

Viktor Basha of Elk Grove Village is charged with 15 counts of possessing photos of child sex abuse, grooming and distributing harmful materials, according to Judge Carl Metz and jail records.

In arguing at Basha’s first court appearance in October that he be detained in the McHenry County jail pretrial, Assistant State’s Attorney Anthony Marin said Basha is a danger to the girl and the community.

Investigators found that Basha had 48 lewd photos and four videos of the girl in “various states of undress” on his phone, Marin said. Basha “openly told police he knew she was 16 and had sex at her home once,” Marin said. Basha said he had been in a relationship with the teen for six months and had taken her to dinner and the movies. Basha also said the girl sent him naked photos, and he sent her one of his private parts, Marin said.

Basha “tried to justify his behavior by saying in Ukraine, this is OK,” the prosecutor said, adding that the girl’s mother said she has no problem “with [Basha] being released and having contact with the minor, and asked what she could do to help him.”

“Even so, we are not in Ukraine, and if he thought it was OK, why did he tell police she was 18?” Marin said. “Enticing her to send naked photos of herself is not dating. It is grooming.”

Marin said the girl has been “indoctrinated,” and that Basha is “trying to convince everyone this is OK when he knows it is not.” The prosecutor said the girl is not safe from Basha if he is released.

Assistant Public Defender David Geisinger, appointed for the initial hearing, said Basha scored a zero on a dangerousness evaluation, has no criminal history and is employed as a mechanic. Geisinger also said he searched the internet and found that the relationship with the girl, who migrated to the U.S. with her mother from Ukraine, would be legal and “socially acceptable” in that country. There was “nothing illegal intended” by Basha, Geisinger said.

Basha is willing to surrender his passport, stay in Illinois and has family in Des Plaines and Addison whom he can live with, Geisinger said, adding that Basha is not a threat to the community, as the charges involve only one girl, and neither she nor her mother are seeking a no-contact order.

“Despite the state saying she is brainwashed, she is acting in a manner acceptable and legal in their country of origin,” Geisinger said.

Metz asked the attorney whether Basha is “willing to abide the cultural norms and laws in Illinois and have no contact with the minor or her mom,” to which Geisinger responded, “Yes.”

Although he released Basha pretrial with conditions, the judge said, “The minor does not have the ability to consent in Illinois.”

Metz ordered Basha to surrender his passport before being released from jail, not leave the state without permission from the court, have no contact with any minors, wear a GPS and have “no communication or contact directly or indirectly with the girl or her mom.”

Basha is due in court Nov. 21.

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