Photos show fully-clothed stunt double Devyn LaBella smiling on set as Kevin Costner files to dismiss her lawsuit
In a sworn declaration obtained by Daily Mail, the 69-year-old actor-director included behind-the-scenes photos that show the scene involving LaBella was 'carefully blocked' and contained 'no nudity, simulated sex, or simulated rape.'
LaBella, who was stunt-doubling for actress Ella Hunt, filed a lawsuit in May claiming she was the victim of a 'violent, unscripted, unscheduled rape scene' directed by Costner, while filming Horizon: An American Saga - Chapter 2 in May 2023.
According to her complaint, LaBella was 'told to lie down' while an actor was brought into simulate rape on top of her 'without warning or rehearsal.' She also claimed her undergarments were exposed.
But the series of images appear to dispute that account, show LaBella 'in full costume', with bike shorts under an ankle-length dress, lying fully clothed next to actor Roger Ivens in a covered wagon.
In his declaration, Costner claims the stuntwoman agreed to block the moment, was never pressured, and 'did not look uncomfortable or in distress.
He adds that he had 'no reason to believe that she was upset in any way.'
'In fact, I never heard that Devyn claimed to be upset about anything that happened that day until months after principal photography of the Picture was over when I learned that she had retained an attorney,' the document states.
In an amended complaint filed on June 18, LaBella included screenshots of text messages with the film's intimacy coordinator along with detailed descriptions of the painful emotions she allegedly experienced after the scene was completed.
That month, Costner's attorney Marty Singer slammed her allegations in a statement to the Daily Mail, accusing LaBella of fabricating her account and insisting there was 'no intimacy or anything sexual' in the scene she filmed.
Now, Costner's legal team have filed new court documents - obtained by the Daily Mail - in which they insist that LaBella's complaint be dismissed altogether.
They assert that LaBella was happy on set and sent a gushingly grateful text to a supervisor after the shoot wrapped - and they are also offering their own version of what happened during the scene at issue.
According to Costner's declaration, the scene was included in the script and saw LaBella 'in full costume' in bike shorts under an ankle-length dress, lying fully dressed next to actor Roger Ivens in a covered wagon.
Costner maintains the scene went only as far as having Ivens lift the hem of her dress and swing a leg over her, so that he ended up 'on all fours over her.'
His declaration insists: 'There was no nudity, simulated sex, simulated rape, physical contact, fighting, gyrating, or any physicality other than Devyn's outer dress being pushed from her ankles to her knees.'
He also states: 'While Devyn's outer dress may have bunched up around her knees (there was a lot of fabric), the dress was still below her waist and the pantaloons and petticoats underneath remained undisturbed.'
Per his version of events, the shot was blocked ahead of time with the participation of LaBella, who 'understood what was to happen and consented to help.'
Costner - who directed, co-wrote, produced and starred in Horizon - also submitted declarations from other members of the cast and crew contradicting LaBella's story.
Moreover, he claimed that after the wrap, LaBella texted a supervisor: '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!'
Costner's new filing comes nearly two months after LaBella and her legal team doubled down on their allegations, accusing Singer, Costner, and the other defendants named in her suit of conspiring to silence and discredit her, as they attempt to bury her 'indisputable evidence.'
'What happened to me on that set was a reckless violation - a breach of consent and of basic workplace safety,' LaBella said in a statement shared with the Daily Mail on June 25.
'I was told to lie down, and without warning or rehearsal, another actor was brought in to simulate a rape on top of me. My undergarments were exposed. I was left alone afterward, overwhelmed and in shock. Compliance under pressure is not consent. Consent cannot be given after the harm has already begun.'
LaBella continued: 'Once the line is crossed, there is no real choice left to make. I spoke up immediately. And for that, I was met with silence, deflection, and efforts to discredit me.
'This case is not just about what happened to me. It's about a broken system that protects those in power and punishes those who speak out. It's about demanding change, not just for me but for everyone who deserves to work in safety and dignity.
'What happened on that set was wrong. Let it be known: I stood up. I told the truth. And I will never apologize for demanding the bare minimum - to be treated like a human being at work.'
Her attorneys, James A. Vagnini and Kate McFarlane, both shared statements echoing LaBella's claims.
Vagnini claims that, contrary to remarks made by Singer, Labella immediately objected to the traumatic incident she experienced on set and that there's strong evidence - such as texts and a report from the intimacy coordinator - that supports her account.
'[T]he Defendants failed her in every possible way,' said Vagnini. 'The playbook used by Defendants like this is tired, archaic, and as hollow as their words.
'How many more men who have followed this same pattern of denial and redirection have to be sued or go to jail before they realize that leading with accountability and an apology goes a long way?'
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