The high court's decision rested on the interpretation of the state's child endangerment (“EWOC”) statue that was in place when Lynn was the archdiocese's secretary for clergy from 1992 to 2004.
“A parent, guardian or other person supervising the welfare of a child under 18 years of age commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.”
“A parent, guardian or other person supervising the welfare of a child under 18 years of age, or a person that employs or supervises such a person, commits an offense if he knowingly endangers the welfare of the child by violating a duty of care, protection or support.”
Lynn 4 December 22, 2015
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Man Acquitted in Priest-Beating Trial Seeks Signatures for California Ballot Initiative
"Lynch's alleged assailant, Lindner, was never prosecuted because the purported molestation took place in the 1970s when under the law in effect at that time Lynch would have had to report the abuse within six years -- or before he turned 13 years old. In 1998, the Jesuits paid Lynch and his brother about $187,000 each after legal fees to settle a lawsuit they filed claiming Lindner had raped Lynch and made him have oral sex with his 4-year-old brother. The order also paid another camper more than $1.5 million to settle her lawsuit, and resolved another filed by one of Linder's nieces for $786,000.
Since his surprising acquittal in 2012, Lynch has apologized for physically attacking the then-65-year-old Lindner at a Jesuit center in Los Gatos. But by choosing to go to trial rather than accept a plea bargain, Lynch gained a platform to expose Lindner and draw attention to the fact that child molesters can evade prosecution because of the time limits."