A man who pleaded guilty to sexually abusing a captive teen in his Gwinnett County home is headed to prison for probation violation.
Michael Wysolovski, 33, was arrested on Sept. 17 for violating his probation. He was found to have three homemade sex tapes of himself and an adult ex-girlfriend, violating special terms of his sex offender status.
Wysolovski is barred from possessing any pornographic materials or “sexually stimulating material,” according to Michael DeTardo, the assistant district attorney who has prosecuted Wysolovski’s case.
Wysolovski represented himself in a Thursday hearing and argued he had the right to access the videos because they were included in the case files from his original case, DeTardo said. The videos were on a computer that was seized by investigators, but were never tied to any criminal charges. DeTardo argued there was no “legitimate reason” for Wysolovski to have or view the videos, as they would not play a part in any future appeal.
Judge Timothy Hamil revoked Wysolovski’s probation for two years. Wysolovski will spend those two years in prison.
Wysolovski had been sentenced to nine years and four months probation and eight months in jail, with credit for time served. Wysolovski pleaded guilty to first-degree cruelty to children and interstate interference with custody in April. The child cruelty charge specified the abuse stemmed from “excessive physical pain during sexual intercourse,” which allowed the court to require Wysolovski to register as a sex offender for life.
The victim was 16 and 17 at the time of the abuse — old enough to consent to sex in Georgia — so Wysolovski could not be charged with child sexual abuse offenses. Child cruelty charges can be applied for crimes committed against people aged 17 and younger.
Wysolovski was arrested in June 2017 after FBI agents and Gwinnett County police found a 17-year-old North Carolina girl who had been missing for more than a year in his Duluth home. The victim met Wysolovski on an online anorexia forum when she was 15. She said she was unhappy at home, and Wysolovski convinced her to live with him once she turned 16.
The victim and Wysolovski agreed to enter a “consensual non-consensual” sexual relationship, a type of BDSM (bondage, domination, sadism, masochism) relationship in which the partners agree to simulate non-consensual sex acts, prosecutor Michael DeTardo said during the April plea hearing. Over time, Wysolovski violated the set boundaries for this arrangement, refusing to use “safe words” and using “excessive force” including biting and physical violence. The victim, who was anorexic, initially encouraged Wysolovski to control her eating habits and kept journals detailing her desire to lose weight, DeTardo said. Wysolovski later used food to punish the victim or force her to perform sexual acts.
The victim was held captive for a year in homes in Decatur and Duluth. She was found by the FBI after reaching out to a woman online.
The “gray area” of the initial relationship and some inconsistencies in the victim’s statements were factors that could have made it risky to bring the case to trial, DeTardo said in April. Wysolovski’s lawyer refused to accept a plea deal that included prison time, and the victim’s family prioritized a required sex offender registration, resulting in the plea deal Wysolovski accepted.
The required sex offender registration is what is now sending Wysolovski to prison for two years. He has been held at the Gwinnett County Detention Center without bond since his September arrest, and is expected to be released in September 2021, according to jail documents.
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