The most serious crime that authorities could pursue, given the sworn testimony provided by Ford, would be attempted rape. But that was considered a misdemeanor crime in Maryland in 1982, which would be the relevant legal application.
As a misdemeanor, it carried a one-year statute of limitations, meaning charges would have had to have been filed within a year after an incident, according to John McCarthy, Montgomery County’s longtime chief prosecutor; Lisae C. Jordan, the executive director and counsel for the Maryland Coalition Against Sexual Assault; and other longtime Maryland attorneys interviewed in recent days.
The Maryland legislature changed the law in 1996, making attempted rape a felony and removing the statute of limitations, according to McCarthy and Jordan.
“But we’d have to apply the law as it existed at the time of the allegations,” McCarthy said.
Other possible charges, such as second-degree assault, remain misdemeanor offenses in Maryland, subject to a one-year statute of limitations, McCarthy said.
“Based on all the allegations I’ve seen so far, there are a number of legal barriers to criminal prosecutions,” Jordan said.