A Dutch father from South Limburg, who had a minor daughter through surrogacy with his ex-husband, is currently trial. He now faces up to four-year prison sentence for allegedly abusing her in the bathtub on two occasions.

The 40-year-old admitted that “boundaries have been crossed,” but insisted that he “never did it with bad intentions.” According to him, the actions happened more by accident and the initiative came from the child herself.

In court, he stated: “The first time she touched my genitals with her mouth, I should have talked to her more so it wouldn’t happen again.”

The Tongeren prosecutor also claims the man took over 200 nude photos of the girl and her visiting friends, according to a report from Dutch newspaper De Telegraaf.

The man appeared before the Tongeren criminal court on Thursday morning, charged with voyeurism, the production and distribution of child pornography images, the rape of his daughter, and the assault on the moral integrity of the girl.

The man’s lawyer, Master Ysbert Drees, asks for the acquittal for all charges, outside of the photos taken. According to Drees, the other children were aware that photos were being made of them and even gave the man permission to take them. According to him, it was only recently that a law stipulates that victims need to give consent when taking voyeruistic photos, and that the law did not apply at the time of this event.

“Merely taking the photos is not punishable. The legislator has not provided that in the event of facts of voyeurism a minor cannot give consent. It also happened in a family context.” According to him, moreover, his client did not take the photos for sexual purposes nor in a sexual context.

As for the rape of the daughter in the bath, the man also pleads not guilty. “It was a penetration, but with the crime of rape you need a setup. That seems far from the case here. It happened accidentally.”

The alleged abuse came to light after the gay couple separated and the father began a new relationship with a woman. She eventually went to the police on August 16, 2023, after her daughter-in-law mentioned that she had performed sexual acts with her father in the past.

The girl testified that she took her father’s genitals in her mouth while they were taking a bath together. This allegedly occurred once when she was three years old and a second time when she was six years old.

When the man’s new partner decided to leave him following the abuse allegations, she discovered a collection of photo albums. The albums contained “nude photos of the girl and some friends who came to play and stay with the man.” Investigation showed the man had taken “more than 200 images of the children in the bath or while they went to the toilet.”

It was also noted that one of the children is said to have “slept in the man’s bed during a sleepover.”

The Tongeren prosecutor argued that “the facts have all been proven” and demanded a prison sentence of four years, partially suspended to allow the man to receive treatment. The prosecutor added: “I don’t think there is any insight into guilt.”

The victim’s other father, the man’s ex-husband, is asking for €5,000 in compensation. His lawyer, Tom Van Overbeke, read an emotional letter in court, stating: “My best friend gave us the most beautiful gift and you abused it in a disgusting way.”

The surrogate mother herself is also demanding €3,500, stating: “All this has left me with a huge wound that will never heal. I also felt extremely guilty because it felt like I was partly responsible for what was done to her because I gave birth to her. I am so angry and terribly sad.”

The daughter’s ad hoc guardian, Christophe Daerden, is asking for damages of €10,000 for the girl herself. Parents of other victims identified in the nude images and the ex-girlfriend who discovered the facts are asking for damages between €1,500 and €3,500.

Judgment in the case will be delivered on Dec. 11.