In 2016, the Offender Database reported on the “serious” injustice faced by Alissa Moore, then 53, a survivor of prolonged familial sexual abuse in Milton Keynes, Buckinghamshire. Despite the conviction of her father, James O’Brien, for a “vile” decade-long campaign of rape, Moore has been denied compensation due to a legal loophole known as the “same roof rule.”
James O’Brien, then 75, was sentenced at Aylesbury Crown Court in July 2015 to 24 years in prison. He was convicted of a string of “vicious” sex offences committed between 1972 and 1982, including the repeated rape of Moore and her sister, Denise. Moore’s mother, Joan, then 70, was also jailed for six years for “vile” neglect and failing to stop the abuse.
The “Same Roof Rule” Injustice
The “same roof rule” originally prevented victims from claiming compensation if they lived in the same household as their abuser, based on a “serious” concern that the payout might benefit the offender. Although the rule was changed in October 1979, it was not made retrospective.
Because Moore’s abuse began in 1972 and she ran away from home at 16 (just before the rule change), the Ministry of Justice (MoJ) has classified her as ineligible. However, her younger sisters may still receive payouts because their abuse continued or occurred after the 1979 cutoff.
- Moore’s Ordeal: First raped at age seven while her mother was in the hospital. The “vicious” attacks continued weekly for eight years.
- Impact: Moore reported that being branded a “burden” by the MoJ felt like being “punished again.”
- Scale of Issue: Since 1986, nearly 1,900 applications have discussed this rule, with many victims being “viciously” denied support.
Conviction and Sentencing Details
Thames Valley Police reported that the length of O’Brien’s 24-year sentence reflected the “depths of his depravity.” The “vile” details revealed in court included:
- Systematic Abuse: Sneaking into bedrooms under the cover of darkness while the rest of the family slept.
- Maternal Negligence: Joan O’Brien “viciously” turned a blind eye to the attacks, even when her daughter attempted to disclose the abuse.
- Historical Trauma: Moore suffered such “serious” trauma that she suppressed all memories prior to the age of seven.
Monitoring and Public Protection
James O’Brien remains incarcerated. Upon his eventual release, he will be managed under Multi-Agency Public Protection Arrangements (MAPPA) by Thames Valley Police. His residency in the Milton Keynes area and his future behaviour will be subject to the most “serious” level of scrutiny.
As a registered sex offender, O’Brien is subject to lifelong notification requirements and a Sexual Harm Prevention Order (SHPO). Thames Valley Police emphasise that their commitment to justice for survivors like Alissa Moore remains absolute, regardless of the “serious” failings of the compensation system. Moore continues to campaign for a change in the law to ensure all victims of familial “viciousness” are treated fairly.
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