Actor-director Kevin Costner is being sued by a stunt performer over an allegedly “unscripted” and violent rape scene in his four-part film anthology Horizon: An American Saga.
Devyn LaBella, a 34-year-old double for lead actress Ella Hunt, filed the lawsuit in California on Tuesday, naming Costner and the producers of Horizon: An American Saga – Chapter 2 as defendants.
According to the complaint, the incident occurred on May 2, 2023, during filming on set in Utah. LaBella alleged she “was the victim of a violent unscripted, unscheduled rape scene directed by Kevin Costner.”
The lawsuit claims the scene violated negotiated SAG-AFTRA protocols, which required at least 48 hours’ notice and prior consent for any scenes involving nudity or simulated sex.
Costner has denied all allegations. The Daily Beast has reached out to his attorney Marty Singer’s office for comment.
The lawsuit claims LaBella was hired as Hunt’s lead stunt double on the condition that an intimacy coordinator would be present and involved for all nude and/or intimate scenes. However, Costner is accused of directing an unplanned rape scene involving Hunt’s character—a scene Hunt allegedly refused to perform, leading to LaBella being called in with no prior warning of what the scene entailed.
Costner, who was fully in charge of directing the action filmed that day, was very “hands on” and present at all times, the lawsuit alleges.
“Without proper notice, consent, preparation, or appropriate safeguard measures in place, such as the project’s intimacy coordinator being called in,” Costner directed a male actor to repeatedly perform a violent simulated rape on Labella, the complaint alleges.
According to the suit, the male actor was directed to mount LaBella while miming the unbuttoning of his pants, and using his body and arms to forcibly pin down the stunt double, who was on her back underneath him. The actor “violently rustled” her skirt up “as if trying to penetrate her against her will.”
LaBella’s complaint also alleged “the scene was broadcast publicly on monitors for the entire crew to witness … anyone could walk by and observe the scene being performed.”
Sensitive scenes involving nudity, sex or rape are typically filmed on closed sets with minimal crew present.
After the scene was filmed, LaBella “experienced shock, embarrassment and humiliation while attempting to process the situation,” the suit said.
“On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism,” LaBella said in a statement, Variety reported. “What happened to me shattered my trust and forever changed how I move through this industry.”
Costner has denied all allegations. The Daily Beast has reached out to his attorney Marty Singer’s office for comment.
Singer said in a statement to Variety that Costner “always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.”
The attorney claimed LaBella was informed of the scene and gave a “thumbs up” to her stunt coordinator, indicating her willingness to film it “if needed (which she was not).”
He produced a text message LaBella allegedly sent to the stunt coordinator after the scene was filmed, which said: “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 to. Have a great rest of the shoot and yes talk soon!”
The attorney also accused LaBella of being a “serial accuser” who has filed similar claims in the past.
“However, this claim by Devyn LaBella has absolutely no merit, and it is completely contradicted by her own actions – and the facts,” Singer said. “Ms. LaBella is a serial accuser of people in the entertainment industry and has worked with the same lawyer on past claims. But those shakedown tactics won’t work in this case.”
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