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Church Freed From Suit in Molestation by Sunday School Teacher

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Times Staff Writer

A state appeals court has ruled in favor of a Baptist church in rejecting a bid to revive a lawsuit by a young boy who was sexually molested by his Sunday school teacher.

The 4th District Court of Appeal in Santa Ana, in a decision released Tuesday, ruled that the Central Baptist Church in Anaheim is not legally responsible for the crimes of the volunteer teacher, Ernest Schwobeda.

The Orange County Superior Court lawsuit sought unspecified damages against the church.

“The church had no reason to believe or suspect any of this was taking place. Absent prior knowledge or negligence, such as poor supervision, these cases stand for the proposition that sexual molestation of a child is neither expected nor foreseeable,” said Robert L. Toolen, attorney for the church.

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The Rev. Robert Knutson, who has headed the church the last 11 months, declined comment.

Schwobeda had been a teacher at the church for 20 years when, in 1982, an 8-year-old identified in the ruling as Jeffrey E., began attending his classes.

Schwobeda gained the confidence of the boy’s family and began taking him on weekday visits to the homes of parishioners on a campaign to increase church attendance, according to the court’s opinion. He also brought the boy to his home to do work, the ruling said.

Schwobeda eventually was sentenced on nine felony molestation charges. He was placed on probation in 1985.

The appellate court opinion, written by Justice Sheila Prell Sonenshine, relied on a 1986 case involving a 16-year-old girl who said she had been seduced by seven Roman Catholic priests, two of whom heard her confessions.

A Los Angeles court ruled in that case that there was no legal basis upon which to hold the church responsible.

“We find no basis for distinguishing a Catholic priest from a Protestant Sunday school teacher,” Sonenshine wrote.

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