You would need to know which state this occurred in (she’s suing in NY so perhaps that’s it?) and then read the definition of rape for that state. You can read for yourself so I won’t go into detail but in many states the definition involves “consent” and also the age of the victim.
She was allegedly 7 and he 9 when it started and they are in their 50s now... not going to look up the law at the time but sounds to me like she wants money.