BUFFALO, N.Y. (WKBW — A Buffalo man was arraigned Thursday in Erie County Court on an indictment charging him with one count of first-degree rape and one count of sexual misconduct.
The Erie County District Attorney's Office said the alleged rape occurred on January 21, 2024. 47-year-old Joseph M. Folvarcik, while working as an independent livery driver, is accused of taking the victim from a bar in the Town of Orchard Park to his residence in Buffalo. Folvarcik allegedly engaged in sexual intercourse with the victim without their consent. The victim was allegedly incapable of consent due to intoxication.
The DA's office requested that Folvarcik be remanded. He was released on bail set at $75,000 cash or bond.
A temporary order of protection was issued on behalf of the victim and a return court date has not been scheduled.
The district attorney's office said Folvarcik faces a maximum sentence of 25 years in prison if convicted of the highest count.
