''Party of Five'' actor is charged with statutory rape -- Scott Bairstow allegedly had intercourse and phone sex with a 12-year-old girl

By Gary Susman
Updated May 23, 2003 at 04:00 AM EDT

Scott Bairstow, who costarred in last year’s kids movie ”Tuck Everlasting” and who may be best known for playing Neve Campbell’s abusive boyfriend Ned on ”Party of Five,” has been charged with having sex with a 12-year-old girl, a relative of his wife. The charge of second-degree rape of a child was filed Tuesday in Snohomish County, Wash., where the girl, now 17, lives. The 33-year-old actor, a Los Angeles resident, was not arrested but will have to appear in court for arraignment on June 3.

According to The Herald of Everett, Wash., court papers say the girl told police she first had sex with Bairstow five years ago, that they had sex three more times in the years that followed, and that she became ill after the final incident, after which he allegedly apologized and asked her not to tell anyone. This year, she said, he asked her for phone sex, requesting that she speak like a little girl. She revealed the relationship to her parents, who told authorites, who obtained a warrant to tape her phone conversations with Bairstow. One of the tapes reportedly has Bairstow again asking her not to talk to anyone, saying, ”Well…I’m a dad and I’ve got a job, and if you were to tell anyone I would be thrown in jail for 10 years.”

Actually, it could be six to eight years, given Washington sentencing guidelines and Bairstow’s status as a first-time offender. Representatives for Bairstow have not commented on the allegations.