Actor Scott Bairstow charged with child rape of WA girl

katu.com ^ | May 22, 2003 | not attributed

[WaterDragon]

EVERETT - A television and movie actor who formerly lived in Mukilteo was charged today in Snohomish County with second-degree rape of a child accused of having sex in 1998 with a then-12-year-old relative of his wife. 33-year-old Scott Hamilton Bairstow now lives in Los Angeles. Charging documents allege that Bairstow had sex with the girl three more times outside Washington.

Mukilteo police reportedly obtained a court-authorized order to tape-record a telephone conversation this month between Bairstow and the girl.

During the conversation, the girl allegedly told him she was considering telling somebody about the sexual intercourse. He allegedly replied that if she did, he could be thrown into jail and have his career ruined.

Bairstow has appeared in feature films including "Tuck Everlasting" and "New Best Friend." His television roles included appearances in such shows as "Party of Five" and "Touched by an Angel."

[visualops]

There is a world of difference between the situations you cite.
A child who murders, on his/her own, is not comparable with a child and an adult having sex. This is not to state my views on juvenile justice, it's just that it's apples and oranges. The adult wields the upper hand, and effectively controls the situation, whether it be "consensual" or not, Lolitas notwithstanding.
The blurred lines and varying degrees of maturity among teens (between 14 and 17) understandably creates some perhaps inappropriate situations. It's also fairly normal for a teen who is maturing and still learning, to idolize or become infatuated with a teacher or other adult. All the more reason that the *adult* control the situation.
I'll add that I don't care if the girl had the body of an 18 year old, how mature can one be at 12? A man in his 20's who pursues a *child* of 12, is himself disturbed (pedophile at the least) or terribly lacking in emotional maturity and self-control.

[WaterDragon]

You wouldn't be a high school teacher who once posted on another board that considering the way your teenage girl students dress and act, maybe rape sentences shouldn't be so harsh? If I've mixed you up with that poster, excuse me, please. Your comment just sounds so much like ones he made.

[HaveGunWillTravel]

I agree.

[HaveGunWillTravel]

I agree with what you've said except for the question of responsibility in the case of capital cases and sex. I think its hypocritical to say that a child murderer has any more capacity to be responsible for his decision than a child who decides to have sex. I totally agree that they can be corrupted by an adult. On the other hand, it may have been the adult who promted them to kill. Particularly when it the adult that was killed. Perhaps the child wouldn't have killed them if they hadn't treated the child unfairly. Anyway, I'm not really for pedophilia, I'm really just against children being tried as adults. I also agree with you, though, that:

The blurred lines and varying degrees of maturity among teens (between 14 and 17) understandably creates some perhaps inappropriate situations.

I think that there is tremendous potential for the law to be heavy handed in many situations. It makes no distinction between true rape and an 18 year old girl sleeping with a 17 year old boy. I agree that twelve is too young for anyone, but that doesn't make it the same as some lunatic violently raping some poor girl. There should be some discretion in the law for the circumstances. People's lives can be more ruined by the law than some of the people its trying to protect.

[Lorianne]

I guess I'm just saying that there are degrees of rape and the present law makes no distinction.

There are many distinctions. First of all statuatory rape is not legally the same as rape. Secondly, many states have age disparity allowances. For example the age of consent (AOC) might be 16 with a 3 year age disparity for statuatory rape. This allows for like-age dating without the possibility of the older person being charged with rape should sex occur. So for example, a 18 year old could have consensual sex with a 15 year old and not be charged with statuatory rape.

The purpose of statuatory rape laws is not to stop sex per se, it is to criminalize adults who would prey upon or sexually exploit children and teenagers. The adult or older person is the one legally culpable, not the minor.

[HaveGunWillTravel]

I'm not him, but, even though I take no interest in underage women myself, I do think that there should be a distinction made in the law between violent rape and otherwise potentially blameless relations between two people who happen to be on opposite sides of a partially arbitrary age requirement under the law. When I was a young man and tried to hit on older women and they would say I was too young, I used to ask them why they were holding something against me that happened 17 years ago.

I also think that the law is hypocritical when it comes to its handling of child murderers.

Finally, I notice that when an underage boy violently rapes and adult woman, suddenly he's posseses the capacity to decide for himself again. I find it odd that a child is considered capable of thinking for himself to the same extent as an adult when it comes to killing or raping someone but not when it comes to having sex with someone.

If a 17 year old boy has sex with a 17 year old girl, its ok. If the 17 year old girl turns eighteen before he does, she's suddenly raping him. If he hits her though, then he's raping her.

I just find it a little arbitrary. I also don't like the unintended aspersions cast on God and our grandfathers. Many mothers in history, including the Virgin, were under 18.

[HaveGunWillTravel]

Oh. Well that's good to know. I feel a lot better about it. I did not know that. Thank you. Still, one story that really bothers me is one about a couple in Wisconsin where the boy was 19 and the girl was 17 and they went to get married. It came out that she was pregnant and they convicted the boy of rape and put him in jail. He now has to register as a sex offender for the rest of his life and can only visit his child under supervision. Needless to say, the conviction prevented their marriage. Perhaps at the time there was no allowance made for their being within three years of each other.

[Lorianne]

Well the statuatory rape laws are different in each state. The AOC is different in each state too. Most states the AOC is 16, but in a few, it is 18 (California is 18). Judging from your story, Wisconsin must be 18 with no age disparity provision, which is frankly ludicrous.

[strela]

Playing Jesus is like wearing the Hope diamond

So is playing Superman. George Reeves committed suicide and Christopher Reeve fell off a horse and broke his neck.

[visualops]

I expressly stated that was not my view on juvenile justice...My comment was precisely it is apples and oranges. I didn't state my opinion regarding children and whether or not they should be tried as adults. That's a conversation for another day.
In the case of sex however, it takes 2 people. Circumstances will vary, and cases of statutory rape among obviously consensual teens is definitely debateable. I believe judges do have some discretion, as does the prosecutor, on how different cases are pursued, and sentenced. There are also degrees, not just one flat crime charge.
In this case though, it's pretty clear, given the extreme youth of the girl, and the age of the man.
I don't think that her willingness (if that was the case here) is any excuse for a man who should have known better.

[Criminal Number 18F]

The law of 308 or proposition 223

I'll see that and raise you a movie reference: "Regulation 303!"

d.o.l.

Criminal Number 18F

[in the Arena]

I was thinking 168 grains...

[Frank_2001]

Won't be long now...he'll be getting "touched" by a big fella named Leroy!;)

[MHT]

Suicide? Reeves? I go along with the conspiracy theory and think that he was killed by his girlfriend's husband. Too bad he really didn't have x-ray vision and see the guy coming from behind!

[Mad_Tom_Rackham]

[During the conversation, the girl allegedly told him she was considering telling somebody about the sexual intercourse. He allegedly replied that if she did, he could be thrown into jail and have his career ruined.]

As is should be. Reap your bitter harvest, Bairstow. And don't worry. You'll get plenty of sex in prison. Just have the family send lots of K-Y.

[strela]

That's the version I heard anyway. The problem with leaping tall buildings in a single bound is that you tend to ignore the little paving stones that trip you up.

[Jeff Head]

This wasn't some teenager hitting on a twelve year old, it was a grown man.

Willing or no on the girls part, it is statutory rape at the very least and the guy should go down hard for it.

[ladyinred]

I don't know who he is, but hope all of the high profile defense attorney's in the country are too busy to get him off. A court appointed attorney who has never heard of this animal before would be perfect.

[capitan_refugio]

I want you to think like a defense lwyer for a second ...

"During the conversation, the girl allegedly told him she was considering telling somebody about the sexual intercourse. He allegedly replied that if she did, he could be thrown into jail and have his career ruined."

A defense lawyer would say that his reply was not an admission of guilt, but a realization that his career could be ruined by unfounded scandal. The defense will counter that this was an extortion attempt, and that he was seduced by an adolescent claiming to be older than she was.

Don't get me wrong - I don't believe that. But the man is entitled to his day in court and to the benefit of reasonable doubt.

[ST.LOUIE1]

LOL Sooner rather than later, I hope.