(WNY News Now) – Buffalo – A Buffalo man faces serious charges after being indicted for allegedly raping a physically helpless victim he was hired to transport.
Joseph M. Folvarcik, a 47-year-old independent livery driver from Buffalo, has been indicted on one count of Rape in the First Degree, a Class “B” violent felony, and one count of Sexual Misconduct, a Class “A” misdemeanor. The indictment was announced by Acting Erie County District Attorney Michael J. Keane, following Folvarcik’s arraignment before Erie County Court Judge Sheila A. DiTullio.
The incident in question occurred on the evening of Sunday, January 21, 2024. Folvarcik is accused of transporting the victim, whom he did not know, from a bar in Orchard Park to his residence in Buffalo. Prosecutors allege that he engaged in sexual intercourse with the victim, who was incapable of consenting due to intoxication, rendering them physically helpless.
Prosecutors requested that Folvarcik be remanded, but he was released on $75,000 cash or bond. A temporary order of protection was issued to safeguard the victim, though a return court date has not been scheduled.
If convicted on the top charge, Folvarcik faces up to 25 years in prison.
Acting DA Keane commended the investigative efforts of Detective Larry Brand of the Orchard Park Police Department, members of the Buffalo Police Department, the Erie County Central Police Services Forensic Laboratory, and District Attorney’s Office Confidential Criminal Investigator Robert Yeates.
As with all criminal cases, Folvarcik is presumed innocent until proven guilty in a court of law.
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