Stunt Performer Sues Kevin Costner Over 'Violent Unscripted' Rape Scene

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A stunt performer on the set of “Horizon: An American Saga – Chapter 2,” is suing actor-director Kevin Costner and the film’s producers for what she says was “a violent unscripted, unscheduled rape scene.”

The lawsuit, filed by Devyn LaBella, alleges that the stunt double was called in after actress Ella Hunt refused to participate in the improvised scene on May 2, 2023.

After Hunt reviewed the sudden script change, the lawsuit says she “became visibly upset and walked off set,” prompting Costner to ask LaBella, who was unaware of Hunt’s departure, to “stand in” for the actress.

“In complete ignorance of the nature of the ‘shot,’ she agreed to help,” the suit reads. ”[Ms. LaBella] was not warned or prepared for [the male actor] to perform or engage in any action on top of her and first learned that [he] would mount her and violently pull her skirt up when he was already on top of her doing so.”

In violation of SAG-AFTRA rules, the filing says an intimacy coordinator was not present, nor was the set closed, nor was LaBella given at least 48 hours’ notice to review and consent to the scene.

The filing claims that Costner was very “hands on” during the shoot, and “was either involved in or fully aware of every single thing going on.”

Actress Devyn Labella attends the 11th Annual Action Icon Awards at the Sheraton Universal Hotel on October 16, 2022, in Universal City, California.
Actress Devyn Labella attends the 11th Annual Action Icon Awards at the Sheraton Universal Hotel on October 16, 2022, in Universal City, California.

Paul Archuleta via Getty Images

Costner’s lawyer, Marty Singer, told The Hollywood Reporter that Costner “always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.”

But he countered that the lawsuit has “absolutely no merit” and is “completely contradicted by [LaBella’s] own actions ― and the facts.”

According to Singer, LaBella agreed to shoot the scene after first rehearsing it without the cameras rolling, and gave a “thumbs up” to her stunt coordinator indicating she’d shoot the scene if needed.

A different stand-in performer, not LaBella, ultimately filled in.

The complaint says LaBella experienced “shock, embarrassment and humiliation while attempting to process the situation” after the scene, and that others on set saw her holding back tears.

Later, after LaBella raised concerns with other crew members about the absence of an intimacy coordinator during the scene, among other concerns, she says she “was directed to stay alone in her trailer” for several days, and was ultimately not hired back to continue her role for “Horizon 3,” the next film in the series.

“On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism,” LaBella told Variety in a statement. “What happened to me shattered my trust and forever changed how I move through this industry.”

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