A man accused of rape is challenging a new law in England and Wales that prevents alleged victims from being questioned in court about their sexual history.

Lawyers argue that he is being denied a fair trial because of restrictions imposed under the Youth Justice and Criminal Evidence Act.

The defendant's trial has been put on hold until the outcome of his appeal.

Other rape cases being processed by the courts could be put on hold until an appeal court ruling.

European law cited

The Act being challenged became law last week and does not allow questioning of the sexual history of alleged rape victims "unless it is absolutely relevant to the case".

The 26-year-old defendant maintains that the Act breaches Article Six of the European Convention on Human Rights, which guarantees the right to a fair trial for every defendant.

He denies raping a 25-year-old arts teacher on a Thames towpath on 14 June.

He insists they had been having a sexual relationship and she consented to sex in the bushes.

Jury discharged

Judge Simon Goldstein last week discharged the jury in the Old Bailey trial, pending an appeal.

He said issues stemming from the case were likely to arise in other cases brought before crown courts.

Judges, lawyers, alleged victims and the accused needed to know where they stood, he said.

The judge added that the sexual activity of a prostitute or of an alleged victim who was as chaste as a nun would never be known as it could not be checked in court by lawyers.

The Act being challenged was introduced after a fall in the number of rape convictions at the same time as a marked rise in the number of rapes recorded by police over the last 15 years.

In addition to sparing alleged victims from any questioning about their sexual history unless deemed to be crucial, the Act was also drafted to protect alleged victims from being cross-examined by defendants.