If it's actual rape (not "statutory"), it's a felony (not a misdemeanor) and the statute of limitations is GREATLY increased. The problem is whether there's anyway to prove rape. Has your daughter stuck with her story that it was rape? Or has she said different things at different times? If the latter is true, it might be too difficult of a case to prosecute... more like "he said, she said." That may be why the local DA decided not to prosecute.

However, it's NOT too late to get a judgment for child support, if you can prove the child is his, which he seems to be admitting already in his quest for visitation. Consult a local lawyer. This guy's wallet may be the best way to get back at him.

Sadly, Virginia does not appear to have a law that negates the parental rights of a man who impregnates-by-rape the mother of his child. Yet. It could happen soon, though. For further reading on the parental rights of rapists, see

http://childsupportguidelines.com/articles/art200106.html
http://www.rhrealitycheck.org/blog/2008/04/10/parental-rights-for-rapists