James O'Brien – Milton Keynes | The UK & Ireland Database

10 Sunday Jan 2016 Posted by Author 1 in Buckinghamshire 2 Comments Off on James O Brien Milton Keynes January 2016 Woman raped repeatedly as a child by her father denied compensation by loophole Pictured: Paedophile Father James & Mum Joan who turned a blind eye to the sexual abuse of her daughters A woman who was raped repeatedly as a child by her father was denied compensation by a loophole that has caused pain for hundreds of victims. Alissa was refused a payout for ten years of sexual abuse at the hands of James O Brien But her sister Denise, who was also raped by the monster, may be eligible. And a third sister who claims she suffered in the same way could also be in line for a Alissa lost out because her case arose before a change in the law.

She lived in the same house as her abuser, which meant she would not get cash for fear that it would be taken from her. By the time the rule changed, in October 1979, Alissa had run away from home. But her father continued his sexual abuse there.

In July at Aylesbury crown court, James O Brien, 75, was convicted of a string of sex offences between 1972 and 1982, including seven counts of raping Alissa and her sister Denise. He was jailed for 24 years. Alissa s mother Joan, 70, was sentenced to six years for two counts of failing to stop the abuse.

Investigating officer Det Con Tracy Wescombe, of Thames Valley Police, said the length of O Brien s sentence reflected the depths of his depravity. She said: Sometimes people convicted of murder get less than him. The Crown Prosecution Service is considering evidence of abuse from the third sister, she added.

There have been 1,891 applications forcompensation since 1986 in which the same roof rule has been discussed. The Ministry of Justice could not confirm how many were rejected. Brave Alissa waived her right to anonymity to tell the Sunday People about her heartbreaking ordeal.

She said she was first raped by O Brien when she was only seven while her mum was giving birth to a daughter, the fourth of the couple s five kids. She said: To be rejected by the Ministry of Justice it s like they re saying it was OK up to 1979. How can that be right?

It s like being punished again for what we ve already been through. It s not about the money. You put the claim through, of course you do, for some kind of help.

Alissa, a secretary, said: My mum was in hospital having my youngest sister and we were at home. He took me out of my room and brought me downstairs, where he raped me. I tried to tell my mum but she just told me to go away.

He d beat me up. She would let him and turned a blind eye to his attacks. That s how my whole life was, really.

So in the end I gave up. Retired security guard and lorry driver O Brien spent the next eight years sneaking into Alissa s bedroom once a week so he could carry out his crimes under cover of darkness. Denise, now 50, who has also agreed to be named, was repeatedly abused by their dad.

Alissa said: He used to come to my bed every week. I lived in fear every night, thinking, Tonight he s going to come. It would always be once everyone was asleep.

It was just silent in the house, and he d sneak upstairs. It all became so routine it merged into one. I don t have any memories prior to when I was seven but my counsellor told me it was so traumatic I completely shut it out.

Eventually Alissa found the courage to fight back and ran away from home at 16. She began training for a career in childcare and, at the age of 20, found love when she met her husband Paul, now 52. Despite now living just miles from the childhood home she escaped from in Milton Keynes, Bucks Alissa had managed to avoid her father completely, except for one chance encounter 12 years ago.

It was not until she was 41 that she opened up to Paul and told him about the years of abuse at the hands of O Brien. Yet although she went through hell as her father stole her innocence, the Government thinks she does not deserve a penny. In 2012 a review of the law decided to let it stand.

So Alissa is denied compensation of up to 30,000 but her sisters may still get payouts. Each year the MoJ s Criminal Injuries Compensation Scheme receives an estimated 65,000 applications for compensation and pays 200million. An MoJ spokesman said: One of the aims of the scheme reforms is to reduce the burden on the taxpayer.

He added that it would create a significant administrative burden if victims who were abused before October 1979 were allowed to claim. A MoJ source said the Government had no plans to change the decision. Alissa said she felt she had been hung out to dry by the justice system.

She said two emails to Prime Minister David Cameron s office had resulted in one response, which again branded compensation to victims abused before 1979 a burden . She said: I think it s disgusting. I just think it s awful that they say it s too expensive, that I m a burden, because of the work it would involve to change the law.

Alissa contacted lawyer Cameron Fyfe after hearing of his efforts to change the rule. He said victims such as Alissa were being abused twice, once by their attackers and again by the justice system. Mr Fyfe said: What makes it most ludicrous is that if you are abused by your next-door neighbour you can get compensation but if you are abused by your father, which psychologically is much worse, then you don t.

Mark Castle, chief executive of the independent charity Victim Support, agreed the cut-off point for compensation was another hammer blow against people who had suffered for so long. He said: All victims of crime deserve fair justice, regardless of when the crime took place. It is completely unfair that victims who lived with their attacker as members of the same family prior to October 1979 are unable to claim compensation.

A spokesman for the Criminal Injuries Compensation Authority said: We deeply sympathise with anyone who has been a victim of crime but we cannot comment on individual cases. The Criminal Injuries Compensation Scheme awards taxpayer-funded payments to victims seriously injured as a result of violent crime. From 1964 to 1979 it did not allow compensation to be awarded where the offender and victim lived in the same household as members of the same family.

This was changed in 1979 but was not made retrospective. That is, a victim could not receive compensation in such circumstances if the offence took place before October 1979. There is a petition to change the law so that victims like Alissa can claim compensation.

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