BUFFALO, N.Y. (WIVB) – A man from Buffalo was arraigned on Thursday on an indictment charging him with rape and sexual misconduct charges. But today, he is not behind bars.
It is alleged that in January 2024, the defendant, an independent livery driver, picked up the victim from a bar in the Town of Orchard Park. He then brought the victim to his residence in the city of Buffalo where he allegedly engaged in sexual intercourse with the victim without their consent. It is alleged the victim was not capable of given consent due to being intoxicated.
The charge of first-degree rape is bail eligible. The district attorney’s office requested the defendant, 47-year-old Joseph M. Folvarcik of Buffalo, be held. Instead, Erie County Court Judge Sheila A. DiTullio set bail at $75,000.
The defendant was able to post bail and is now walking free. But, two legal experts tell WIVB News 4, this is not as surprising as it may seem.
Bail reform has been a hot topic in New York since Governor Kathy Hochul’s new legislation went into effect at the start of 2020. The law aims to reduce the risk that someone can be jailed because they cannot not afford to pay for release. Attorneys Terry Connors and Barry Covert both say this case is not an issue of bail reform.
“What I’m assuming happened here is that the judge looked at it, saw that he had solid roots in the community, lived here long time, no criminal record and set bail at 75 thousand dollars,” Connors said. “That’s not an unusual event.”
“There is a preference for setting bail,” Covert said. “The courts are supposed to focus on what are the chances that an individual returns to court? They are also now allowed to look at other factors such as dangerousness to the community.”
In this situation, the victim was allegedly incapable of consent due to being intoxicated. Connors says there is a big debate about intoxication in New York State, especially if the alcohol was consumed willingly. Connors says we can expect to hear this argument used by the defense team in court.
“There is some body of thought the defense can argue if the intoxication was voluntary that should be taken into consideration when you’re trying to determine the consent of the victim alleged to have been victimized,” said Connors.
Regardless of the level of intoxication, both experts say the consent aspect is the number one factor that will be evaluated in this case.
“There are a lot of variables that are at play in cases like this,” said Covert. “They are very serious, and the district attorney’s office always handles them very seriously, but it can be very complicated. It really is a fact by fact, case by case analysis of whether you can prove it beyond a reasonable doubt.”
A return court date has not been scheduled at this time. Both experts say if the case does go to trial, it will be several months from now.
If convicted, Folvarcik faces a maximum sentence of 25 years in prison.
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Trina Catterson joined the News 4 team in 2024. She previously worked at WETM-TV in Elmira, a sister station of WIVB. See more of her work here.