This article encourages the idea on adopting a new explanatory resolution of the Plenum of the Supreme Court of the Republic of Moldova, about the judicial practice in the penal cases regarding the sexual off ences. Especially, is recommended an other form of interpretation of the following notions: „sexual rapport”, „homosexuality”, „perverse satisfaction of sexual appetite”, „constraint” and other notions prevented at art.171-175 PC RM. Is also showed why the victim’s unableness to protect herself or just only to advance any form of will of self protection is casted by her inability to oppose resistance or by her misunderstanding of the off ender’s actions and situation, provoked at this point by total or partial conscience dysfunction. Respectively, there are ascertained exact criteria no more than to disclose the use up moment of the sexual off ences. There are also formulated important elaborations about the attempt concerning the off ences prevented at art.171 and 172 CP RM.