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Object rape of a child -- Penalty. An actor commits rape of a child if the actor has sexual intercourse with an individual who is younger than 14 years old.(c) Rape of a child. Object rape is a very serious charge. It is considered a first degree felony. If the defendant was raped, the act of having sexual intercourse with a child does not constitute a crime. If the defendant was raped, the act of having sexual intercourse with a child does not constitute a crime. 22-22-1.2 Minimum sentences for rape or sexual contact with child. Child rape is committed when an adult has sexual intercourse with a minor, whether consensual or not. Minor. Before victim turns 28. Rape.