"[in Russian] Well, it always starts with somebody." "If it didn't happen to me, it probably would have happened to somebody else." "The same thing would have definitely happened to some other person." "As we were told, this is the first case in history." "[woman] So do you think there is a... moral in this story?" "[coin clatters] [theme song playing]" "♪ Keep your head ♪" "♪ Everyone still ♪" "♪ You can make me fall apart But I won't blink ♪" "♪ Keep your head ♪" "♪ Everyone still ♪" "♪ You can make me fall apart But I won't blink ♪" "♪ And you won't speak ♪" "♪ And we won't blow away ♪" "♪ If you can place your hands on me ♪" "♪ Then we'll dance ♪" "We've been showing images of ourselves for thousands of years." "Hey, guys!" "So we are going to be doing the Lick My Body challenge." "That was your tongue." "[laughs]" "[man] Every single one is dialed in." "Welcome to parenting in 2015." "They're all just completely transfixed by the technology." "One-third of all photos young people take are selfies." "Selfie indulgence may be like a drug." "[squawks] -[train horn honks] [man] How many likes do you need to get so you feel okay with your day?" "I think 80 to 100 is, like, a pretty good range." "[man laughs] Are you serious?" "Just about putting yourself out there every second." "[woman] Are you one of the millions of people wondering, like, what is this crazy app called Periscope?" "If you want to interact, people, you can go ahead and comment here in the comments or you can just lurk, if that's what you're into." "[man] Um... so what's the real purpose?" "Who's gonna use this on a daily basis?" "[music playing]" "All the hearts." "Hearts, hearts, hearts, hearts, hearts!" "They match your hair." "[gasps and shrieks]" "Whoever you are, you're great." "[woman] Live-streaming at the touch of a button can be a dangerous tool in the hands of teenagers." "Who would've thought?" "[chuckles] [man] They use the apps to connect, to form relationships, explore their sexuality." "I am a virgin, BornSinner." "I am." "I really am." "[man] It's really easy to see how you could stream something in the heat of the moment and regret it later." "[man] New tonight, an 18-year-old woman arrested at New Albany High School after allegedly broadcasting a rape on social media." "Investigators say she was live-streaming the assault on Periscope." "It's a story making headlines across the country, too." "[woman] Authorities were contacted after an out-of-state friend of 18-year-old Marina Lonina saw the horrific images appear on her social media account." "She got taken up with all the likes that her live stream was getting and therefore continued to do it and did nothing to aid the victim." "[man] They were preyed upon by this pervert." "[man] Why couldn't she use the phone she was live streaming on to call 911 while this was happening?" "Listen, I wasn't there." "I'm not inside her head." "All I know is she's not a criminal." "[woman] Lonina's bond set at $125,000." "Shamansky expected her bond to be posted almost immediately." "For now, reporting live from downtown, Reneé LaSalle, NBC 4." "[man] Marina didn't call 911." "She didn't run for help." "She didn't try to stop it." "If she knew it was a bad situation, why was that her first instinct?" "[man] He's said to have bought them a bottle of vodka while also proposing they meet up the next day." "[man] This white savage, Marina Lonina." "Here's her primary address." "[man] Kids, I shouldn't have to tell you this, but you shouldn't commit crimes, period." "But you definitely shouldn't commit crimes and broadcast them via cyberspace." "It's vile." "Absolute stupidity." "[man] I have never seen a time like this before." "My name is Marina Lonina, and I am 18 years old." "Four years ago, I moved to United States, and I'm living with my dad only." "[woman] Would it be easier for you to speak in Russian?" "[sighs] [in Russian] Well, yeah..." "All right." "When I saw myself in the news" "I was kind of... shocked... and bewildered." "There was too much information that was just too hard to read, so I was unable to read some of the articles... because it hurt too much to see all those things." "I'm still doing my best not to read this stuff." "[Marina Lonina's father in Russian] When we were reading those articles, there were such terrible things." "They twisted everything, distorted all the facts... and created a very strange picture that had nothing to do with reality." "They said that guy was her friend." "That's not true." "He's no friend of hers." "They wrote, "A woman from Ohio..." as if it were some grown-up woman." "She's still a little girl." "Everything was distorted." "[woman] Can you describe what happened that night?" "Uh..." "Well, let me think for a moment..." "[Lonina's father] It's hard for her." "[man] This was the first case that I was aware of involving the use of the Periscope app... to record the actual commission of a crime." "Hey, Jeannie." "Hey. [coughs]" "[Ron O'Brien] She's charged with being an accomplice to the sexual assault itself." "So she faces the same rape charges he does." "The actual taping of it was a separate offense." "And so she's also charged with pandering obscenity involving a minor." "I don't think the case is triable from the defense standpoint, simply because she can't deny really the photographing of the minor." "She probably faces close to 20 years." "In addition to the prison sentence, she could be required to be a registered sex offender for the rest of her life." "So if she's willing to testify, it's very likely that she will be treated leniently in connection with the case." "That is if she's willing to cooperate." "[man] The facts are not in dispute." "She, of course, filmed the encounter, streamed it live." "The mountain we need to climb is to put it in perspective." "What she did was a huge mistake by filming it." "She acknowledges that." "She's acknowledged it from day one." "But here's the problem." "It's the mandatory nature of sex offenses that requires a registration for 20-plus years." "The hardcore rapists, the sex offenders, the repeat pedophiles, those pieces of human shit who ruin lives, for their own sick amusement need to be on that registry." "Marina doesn't deserve to be on this list." "It's an absolute outrage." "My client's already been convicted in the court of public opinion given the intense scrutiny that this case received in the beginning." "That's too bad because we live in a society that consumes news in little bites." "It's gotta be fresh." "It's gotta be now." "There's nothing thoughtful about it." "It takes a more circumspect person to say," ""What's the backstory here?" "How did this happen?" "How does a kid find herself in a circumstance such as this?"" "Nobody ever probes that sort of information in a news story." ""Who is this kid?" "Why are we really so interested in this case?"" "[Lonina's father] Marina?" "[grunts]" "It's time to get up." "It's already 10:00 a.m." "[Marina Lonina] I consider myself a normal teen, because I have the very same interests as the other kids do." "[sighs]" "My plans for the future are very similar to that of all others, to successfully finish school, enter college and university, get a job..." "So... something like that." "I'm like everyone else." "Like all other people." "I want to have a regular simple life." "I want life to be peaceful, and I want a quiet feeling in my heart." "[Sam Shamansky] Good morning, come in." "Come on back, let's talk." "Marina, you doing all right?" "Yeah." "Yeah." "[Shamansky] We really need to set up this meeting as quickly as possible with the prosecutors." "Mm-hmm." "[Shamansky] We have a wish list of what we want to accomplish and at the top of our list is we want to keep you out of jail." "And we also want to try to resolve this case with an offense that's expungeable." "To take it off your record someday, right?" "Mm-hmm." "[Shamansky] And only certain offenses are expungeable." "So the second-degree felony for allegedly" "periscoping the... the conduct..." "[Lonina] Mm-hmm." "If there's a conviction for that, that'll never come off of your record, unfortunately." "And it'll put you on that registry, where you don't wanna be." "That'll haunt you, and we don't want that." "You certainly don't deserve that." "You wanna help any way you can." "So you're gonna choose right now to give them assistance." "And in exchange, we hope to gain... what I believe is well-deserved leniency, a break for you." "Mm-hmm." "I'm not looking for a dismissal." "I'm not looking for a misdemeanor." "I'm looking to accept responsibility for an appropriate felony that is neither too severe or less severe than is warranted." "[Lonina's father] They're going to think about what to do next, right?" "Right." "[Lonina's father] Okay." "Everything is going to be fine, Papa." "We're going to go there, and I'm going to talk to them." "I have to talk to them by myself." "Okay, I understand." "You're going to tell them everything that happened, right?" "[Shamansky] She's not a sociopath." "She's not a rapist." "She's not a mean-spirited little bitch." "She's a kind-hearted good kid, made a mistake." "An error in judgment, a momentary lapse of reason." "Nothing less and nothing more." "[O'Brien] Marina has no record." "That is in her favor." "But the fact that there is a sexual assault that she seemed to encourage is something, and probably, the primary thing against her." "Mr. Shamansky's viewpoint is that she was merely taping it stupidly." "But I think when you view the tape, we think that she was doing more than just taping it." "The video, which was about eight and a half, nine minutes long, depicts the assailant sexually assaulting the victim." "You can observe the victim crying, asking the assailant to stop." "The app itself does reflect various likes that were going on during the live-streaming." "Marina, you can see laughing while this is going on." "Looking backwards towards the Periscope almost as if, you know, she wanted to be included in it as a selfie." "I don't think, from our viewpoint, there's any question." "She knew that it was not consensual." "The victim wanted Mr. Gates to stop." "And was in no way trying to assist the victim." "[Shamansky] Her cooperation can only be helpful." "Question is, how helpful?" "Will it get us over the hump we need?" "I don't know." "[Lonina's father] Hi, Jerry!" "[man] Okay!" "How are you?" "All right!" "How are you?" "[chuckles]" "[Lonina's father in Russian] I try to do everything within my power, everything she needs, so that her life is good and she's happy." "Wow!" "[Lonina] Wow!" "[both laugh]" "[Lonina's father] It's natural for me." "She's my daughter, a part of me." "She's the closest person to me." "[laughing] [speaks Russian]" "[Lonina's father] I do everything in my power to keep her spirits up and keep our hope and faith alive that everything is going to turn out fine." "Look at those pretty yellow flowers." "Mm-hmm." "[Lonina] The advice I get from my father is there are certain rough times in life, for sure, but you have to muster up willpower and simply move on." "Never give up." "Of course, I'm very sorry that my father doesn't have the best daughter, even though he is the best father." "[mutters] [sighs softly]" "I am very grateful to my father for being in my life." "[Lonina sniffles]" "For always being with me." "For being there during the hardest times in my life." "[Lonina's father] Over there is a little soccer field." "Lately, we started to spend quite a lot of time together since I found myself alone, and he was the only one around in my hour of need." "Even though I'm being raised without my mother," "I can't say he does his duty any worse." "[sobs] He always worries about me whenever I go somewhere, always calls me, practically every minute." "He wants everything in my life to be all right." "That's all." "[sniffles]" "[in English] I was born in Moscow, Russia." "I don't remember much about my life, because I was young." "But I remember that it was simple life." "I had a lot of friends." "And I'd see them every day." "It's like your family." "Your second family." "I was very happy." "When I was 14 years old, my dad told me that we're moving to America." "I felt very surprised." "When I told my friends I am moving, they were happy because everyone in Russia wants to move to America." "America is a country with a lot of opportunities." "I thought that it would be great." "[cell phone chiming] [groans]" "[in Russian] When I moved here, my life changed dramatically." "I didn't have so many friends... and I didn't have anyone to hang out with." "[speaking French]" "[Lonina] One day my friends were using Periscope." "I saw it and got intrigued." "I decided to download this app and try it out." "We can go to Russia and see what's going on." "Look here, there are even people this guy's age." "So I started to actively participate in it." "I could socialize." "We'd tell interesting stories and jokes." "You can find people with the same interests, people you could talk to and have a lot of fun with." "You can create a page and be a completely different person from who you are in your real life." "We developed a wide circle of followers and international visitors who would write to us." "You receive many messages." "Many people watch you." "And... you somehow feel significant." "I don't know, probably significant for someone." "[man through speakers] Good morning, everyone." "[Lonina] Here's South Beach." "You're looking at somebody's life and what's happening to them at that moment." "You see their interests and how they see the world." "Everything is there." "It's kind of ordinary now  to see sexual content." "Have I ever tasted cum?" "Of course I have." "Spitters are quitters." "I swallow it whenever I take it." "[Lonina] There are even some videos where girls show off their breasts and bottoms." "Where people are kissing." "It's normal." "[man] Open this shit." "[woman] Ow!" "[Lonina] What I filmed wasn't anything out of the ordinary." "On Periscope, there was a lot of this kind of content." "[man 1] Break 'em up." "Come on." "[man 2] She gonna kill this bitch." "[Lonina] All kinds of fights." "Pretty much anything you want." "And besides, what I filmed was much less explicit than what you normally see." "[Shamansky] The advent of the Internet has been a boon for criminal defense lawyers, so I now have a drawer full of sex-type offenses that would've never existed before." "[mouse clicking]" "Everybody's now a photographer, and to distribute the media is nothing more than a click." "There's always a shifting societal view of what's normal, what's moral, what's acceptable..." "We're using laws that were written 20 and 30 years ago, to apply to a new digital world that's ever-evolving and changing." "Hey." "So, there's gonna be a lag between modern behavior and laws that catch up with that behavior and put it in a proper perspective." "Listen, I recognize that your office has got a need to send a message in this case." "I get it." "We're just at the very beginning of this social media firestorm that's gonna keep coming at us collectively." "My client is resigned to the fact that punishment is appropriate." "My narrow wish list is something that's ultimately expungeable and doesn't put her on the registry." "Sound good?" "Perfect." "Okay." "Thanks for seeing me." "I appreciate it." "Yeah." "I appreciate it." "We'll talk to you soon." "Okay." "[Shamansky] I'm hopeful that everything's gonna come together in a way that makes sense." "But in terms of complication, obviously Marina's value as a witness diminishes if Mr. Gates decides to accept responsibility for raping the victim." "From a negotiating standpoint, it's in our best interest that he be resistant to a plea, which would make Marina's testimony more valuable." "[woman] All rise." "You may be seated." "This is case number 16-CR-1993," "State of Ohio v. Raymond B. Gates." "It's my understanding we have a change of plea in this matter." "If the State would please advise us as to the status of plea negotiations." "It's the State's understanding he wishes to withdraw his previously entered not guilty plea, and now plead guilty to count two of the indictment," "that is the offense of rape." "Thank you, counsel." "Counsel for the defendant, any additions or exceptions to the facts?" "Not for the purposes of the plea, Your Honor." "All right." "You're pleading guilty here today to one count of rape." "Are you guilty of having committed that offense?" "Yes." "And you're changing your plea here today knowingly and voluntarily." "Correct?" "Yes." "The court accepts the plea, and finds the defendant guilty in case 16-CR-1993, of count two rape, a felony of the first degree." "[man on TV] A man accused of raping a teenage girl while it was live-streamed on social media pled guilty." "A judge sentenced Raymond Gates to nine years in prison." "Prosecutors say Gates met the victim at a shopping mall, and say a friend of the teenage girl live-streamed the rape on the social app Periscope." "[O'Brien] Since Mr. Gates entered his guilty plea, there's no benefit to Marina or to us in connection with Mr. Gates' case, 'cause it's now terminated." "He pled." "Now he's been sentenced." "[Shamansky] As it stands, right now, we can just hope to tug at their heartstrings." "Probably all we've got at this point." "[Lonina in Russian] Of course I regret that things turned out like this." "I'm very sad about it." "I may seem very calm... but in reality this isn't how I feel." "Deep in my heart, there's a lot of pain and sadness." "When I am alone, these thoughts don't stop haunting me." "I think about that day all the time." "It was a Friday night." "[bleeps] came over." "We decided to go to Easton Mall." "My father drove us there so we could go to a café and see a movie." "Like we usually do." "We got there, walked around..." "though it was winter and it was cold." "So we went inside of the building and sat there." "And that's where we met that guy, Gates." "Before that, we had been on Periscope every day for several hours, and that day was no exception." "My video was about 3-4 hours long." "It depicted our entire day." "After some time, Gates invited us to go to his place." "He said he lived within ten minutes walking distance from Easton Mall." "We got to his apartment, and they started chatting more." "Gates gave us alcohol, and we drank." "There was a spark between them." "I was bored." "I decided to log into Periscope and asked them if they were okay with it." "They agreed to let me film them." "They said, "Yes, fine."" "I was on Periscope hanging out with people online, and [bleeps] and Gates were alone by themselves." "We were in completely different realities." "When I saw them starting to have sex, at first it didn't fully register, because they were under a blanket." "All these guys on Periscope started writing, "Film it!" "Film it!" "I want to watch it!"" "And it wasn't just one, two or three people." "There were dozens of people following us." "I was in an excited state." "I hadn't ever experienced right in front of me, my friend having sex." "[bleeps] was saying one thing, the guys on Periscope were saying another." "Plus my mind was affected by alcohol." "Everything was a blur." "I didn't know how to stop." "[Lonina's father] Right now, the feeling of uncertainty remains." "For the last nine months we have been waiting, not knowing what's going on and what's coming next." "I hope for the best." "I hope that... common sense will prevail in this situation." "I hope that they will understand that my daughter is a young girl just like [bleeps]" "[Shamansky] So I'm still stuck with them." "Her father is really driving her... to demand that you get as much punishment as possible." "Now I told the prosecutor..." "I said I would trade some time in jail if they would give us no sex registry and a felony that you could get off your record later." "That would be in your best interest, in my opinion." "[in English] Just a minute." "[in Russian] He's trying to get jail time for me." "[Lonina's father] Who?" "Me." "[Lonina's father] Who's trying?" "[Lonina] He is." "Then I'd get the felony removed from my" "Your record?" "[Lonina] Yes." "I won't be labeled a sex offender." "That's what we're working on figuring out." "That's what's in play right now." "Our ultimate goal is for you to have a felony you can get off your record." "Mm-hmm." "[Shamansky] I'll write 'em for you." "[Lonina's father] Careful, careful." "Don't speed." "You're pressing down too hard." "Press gently." "[Lonina's father] In the first option, you'll have a permanent felony on your record." "Mm-hmm." "It means you won't be able to find any job at all." "Right?" "The second option... also has a significant drawback." "You'll get jail." "You'll have to go to prison for some time." "To be honest, I don't know what's better." "For some reason, Sam says jail is better." "I don't understand how it's acceptable." "There's no apparent winner among these options." "What'd you come up with?" "[in English] We decided to continue." "Yep, I think that's smart." "So what I'll do is, I'll speak to Jen," "and make a proposal to her again..." "Mm-hmm." "about what we think is fair in terms of a felony that's expungeable and doesn't require you to be on the registration." "And see if we can get her parents to agree." "If they accept the offer, then we'll work on the details." "Okay." "[Shamansky] We believe punishment's appropriate." "We believe a felony is appropriate for this conduct." "The question's gonna be, what's the penalty?" "And how long will Marina's record be impacted?" "Forever?" "Or not forever?" "On the registration?" "Not on the registration?" "So that's what's in play right now." "[woman] All rise." "Case number 16-CR-1992," "State of Ohio v. Marina Lonina." "[prosecutor] It is the State's understanding that she wishes to withdraw her previously entered not guilty plea." "I believe the court has been presented with the two-page entry of guilty plea that reflects this change." "It has the maximum prison term noted on it." "There is a joint recommendation for nine months in prison." "Also, parties agree that this offense is expungeable, but the parties agree that she will wait ten years." "For the defendant, is this your understanding of the plea?" "All correct, Your Honor." "You're changing your plea here today knowingly and voluntarily." "Correct?" "Yes, Your Honor." "Finding the plea to be voluntary, the court accepts the plea and finds the defendant guilty." "Miss Lonina, there is a joint recommendation by the parties in this case." "I've considered that joint recommendation of the parties, and I do agree to accept it." "Accordingly, I am sentencing you, in this case, to a term of incarceration in ODRC of nine months." "Thank you, Your Honor." "Is there anything further on behalf of either of the parties?" "Nothing from the State." "No, ma'am." "Thank you." "[judge] Thank you." "[prosecutor] Thank you, Your Honor." "[Shamansky] We all learn about the permanency of e-mails and videos and photos." "But until it smacks you in the face, it's really hard to get a grip on it." "It's also instructive when you think about an expungement." "What does an expungement really mean anymore?" "Because what is never erased is the case, the media attention." "You Google the name, all this crap is gonna appear forever." "I thought about where my mistakes were in her upbringing." "[sighs]" "It seems like I also made a mistake here." "That's why this happened." "I should've paid more attention to something." "I missed something." "[woman] So do you think there's a moral in the story?" "[in Russian] I was stupid for not calling anybody and for not doing anything..." "to stop it." "I should have just said no."