Driver sentenced to 2 months of incarceration for sexual misconduct with passenger

BUFFALO, N.Y. (WIVB) — An independent livery driver from Buffalo was sentenced Wednesday morning to two months in prison after having non-consensual sex with a victim last January, according to the Erie County District Attorney’s Office.

Joseph Folvarcik, 49, was working on the evening of Jan. 21, 2024 when he transported a victim from a bar in Orchard Park to his residence in Buffalo. Folvarcik had non-consensual sex with the intoxicated victim who was not known to him, officials said.

The victim was unable to give consent due to their intoxicated state.

He was found guilty of sexual misconduct in July. Along with 60 days of incarceration, Folvarcik will be subject to six years of probation with sex offender conditions. He originally faced a rape charge and the possibility of 25 years behind bars.

A final order of protection for the victim remains in effect until 2031.