Kevin Costner has spoken out over a lawsuit filed by a stunt performer over an alleged unscripted rape scene on the set of Horizon: An American Saga – Chapter 2 in 2023.
Devyn LaBella, who was the stunt double for actor Ella Hunt in the second of Costner’s self-funded westerns, claims that she “was the victim of a violent, unscripted, unscheduled rape scene directed by Kevin Costner”.
LaBella claims that she first stood in for Hunt in a scene depicting a sexual assault between her character Juliette and Sig, played by Douglas Smith. She says she was told about this scene in advance, and that it was filmed on May 1 2023 with “no issues”.
The scene in question was shot the next day, May 2 2023 and LaBella alleged that she was on set for a “non-intimate scene”, but that Costner added another, unexpected rape scene, where actor Roger Ivens was to, under Costner’s direction, “climb on top of Ms Hunt, violently raking up her skirt”.
LaBella claims that this scene was not on the call sheet for the day and that Hunt had walked off set (allegedly refusing to do the scene). She claimed that Costner then asked her to “stand in” for Hunt, “without proper notice, consent, preparation, or safeguard measures in place”.
The lawsuit stated that LaBella never gave consent for this scene, and that it was an open set, meaning “anyone” could walk in and “observe the scene being performed”. She also claims she didn’t know when the scene began or ended, because Costner didn’t call “action” or “cut”, and that no stunt or intimacy coordinators were present.
She argued that the scene violated contractual protocols negotiated by the performers’ union Sag-Aftra, which stipulates that performers be given 48 hours’ notice and consent to any scenes involving nudity of simulated sex. She also claims that the film’s intimacy coordinator was not present, as mandated under Hunt’s contract, which applied to LaBella as her stand-in.
In a legal declaration filed on Monday (August 20) in LA superior court, Costner called the breach of contract suit, a “bold-faced lie” that was “designed, through the use of false statements and sensationalistic language, to damage my reputation”.
The actor is seeking to have LaBella’s suit dismissed or kneecapped under anti-Slapp laws.
According to The Guardian, the court heard that Costner’s lengthy filing opened with an upbeat text from LaBella to her supervisor nine days after the alleged incident which read: “Thank you for these wonderful weeks! I so appreciate you! I learned so much and thank you again. I’m really happy it worked out the way it did too. Have a great rest of the shoot and yes talk soon!”
“There was no anger or resentment, only enthusiasm and gratitude,” read the filing from Costner’s lawyer Marty Singer. “The reality, as supported by the sworn testimony of a dozen respected, veteran film crew members with personal knowledge of the facts at issue in this dispute, real-time photographs of the shot in question, and LaBella’s own words at the time, is that LaBella’s opportunistic and salacious lawsuit is just as fictional as the motion picture at the centre of this dispute.”
The filing goes on to call her claim of an unscripted rape scene “patently false”, describing the incident instead as “build-up and foretelling of two violent rapes that occur off-screen”.
In an amendment filed in June, Celeste Chaney, an intimacy coordinator for the film, supported LaBella’s account and called the incident an “unscheduled, unplanned violent rape scene” that “was unexpectedly sprung on the actors and stunt professionals”.
Chaney added that LaBella “did not consent to the action that was directed once she was in place” and “she did not have the appropriate modesty garments to ensure adequate coverage, safety, or protection”.
LaBella’s lawsuit claims that she complained to colleagues about the experience but felt she “had to continue working and keep up a professional attitude” as production was still underway.
She is seeking unspecified damages for career disruption and “permanent trauma that she will be required to address for years to come”. She also wants the court to order that an intimacy coordinator be on set for all of Costner’s future films and that the defendants attend anti-sexual harassment or anti-sexual violence training by a “reputable organisation”.
Horizon: An American Saga – Chapter 1 was released in June 2024 to mixed reviews. Chapter 2 was originally scheduled to hit US cinemas in August 2024, but was removed from its original date due to the first film performing poorly at the box office.
For more help, advice or more information regarding sexual harassment, assault and rape in the UK, visit the Rape Crisis charity website. In the US, visit RAINN.
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