Kevin Costner’s team speaks out as actor sued by stuntwoman over ‘violent and unscripted’ rape scene in Western film
Stunt performer Devyn LaBella has filed a lawsuit against Kevin Costner and the production companies behind Horizon: An American Saga – Chapter 2, alleging she was forced to perform an unscripted rape scene without proper safety protocols or consent in May 2023.
The complaint, filed on Tuesday in California Superior Court, claims sexual discrimination, harassment, and the creation of a hostile work environment.
LaBella, who worked as lead stunt double for actress Ella Hunt on the Utah set, alleges she was subjected to an impromptu scene of sexual violence without advance notice, rehearsal, or the presence of a contractually-mandated intimacy coordinator.
The lawsuit further claims LaBella faced retaliation after reporting the incident, including not being called back for subsequent work on the Horizon series.
Costner’s attorney Marty Singer has dismissed the allegations as having “absolutely no merit” and being “completely contradicted by [LaBella’s] own actions — and the facts.”
According to the lawsuit, LaBella arrived on set on May 2, 2023, expecting to perform basic, non-intimate stunt work for Hunt. However, she alleges Hunt had just walked off set “visibly upset” after Costner informed her of an impromptu rape scene involving a different character than a scripted scene filmed the previous day.
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LaBella claims she was instructed to lie on a wagon without being told the nature of the scene. She allegedly only discovered it was a rape scene when Costner directed actor Roger Ivens to simulate non-consensual sex on top of her, with the complaint stating: “Mr. Ivens violently rustled Ms. LaBella’s skirt up as if trying to penetrate her against her will” while pinning her down.
The lawsuit emphasises that no intimacy coordinator was present, the scene wasn’t rehearsed, and monitors displaying the action were visible to the entire crew rather than on a closed set.
LaBella describes feeling “shaken and terrified” following the experience and subsequently raised concerns with several stunt coordinators and the film’s intimacy coordinator.
The complaint states she received apologies from some colleagues but was directed to stay in her trailer, fully costumed and unused on set for several days.
“On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism,” LaBella claimed in a statement. “What happened to me shattered my trust and forever changed how I move through this industry.”
The lawsuit alleges LaBella’s career came to an “abrupt halt” after the incident, with stunt coordinator Wade Allen not hiring her again despite previous collaborations. She was not called back for the third Horizon film, and the complaint claims the workplace became “a place of heightened apprehension,” leaving her feeling “disposable” and “worthless.”
Singer disputes LaBella’s account of events, maintaining the scene was a rehearsal without cameras rolling rather than a filmed sequence.
He states film stunt coordinators were present and that after the rehearsal, LaBella “gave her Stunt Coordinator supervisor a ‘thumbs up’ and indicated her willingness to then shoot the scene, if needed.”
The attorney claims LaBella was “in good spirits and made no complaints” at dinner with stunt coordinators the night after the alleged incident. Singer provided text messages allegedly sent by LaBella to stunt coordinator Wade Allen, including one stating: “Thank you for these wonderful weeks! I so appreciate you! I learned so much, and thank you again.”
Singer characterised LaBella as “a serial accuser of people in the entertainment industry” who has worked with the same lawyer on previous claims, describing the lawsuit as employing “shakedown tactics.”
The lawsuit represents the latest legal challenge for the Horizon franchise, which has already faced an arbitration claim from New Line Cinema over alleged breaches of a co-financing agreement.
The complaint was filed after settlement discussions with Costner and production representatives broke down, according to LaBella’s attorney James Vagnini.
The case highlights ongoing concerns about intimacy coordination protocols in Hollywood following the #MeToo movement. LaBella’s contract allegedly mandated an intimacy coordinator for all nude or intimate scenes, with SAG-AFTRA regulations requiring prior notice, consent and closed sets for such sequences.
Jennifer Mondino of the Time’s Up Legal Defense Fund, which supported the case, stated: “The guidelines that are supposed to be followed on regular movie sets weren’t being followed.” Vagnini added: “If it can happen on a production worth $100 million or more, imagine what happens on smaller ones.”