Kevin Costner HITS BACK at stuntwoman suing him over 'violent' rape scene in his western flop Horizon

Daily Mail​

4 hours ago

A lawyer for Kevin Costner has hit back against the Horizon stuntwoman suing the actor for sexual harassment after she came forward with fresh claims about the unscripted rape scene she alleges she was subjected to for his $100million Western epic.
Stuntwoman Devyn LaBella first alleged in a lawsuit last month that she was 'the victim of a violent, unscripted, unscheduled rape scene directed by Kevin Costner' while serving as a double for actress Ella Hunt for Horizon: An American Saga - Chapter 2 in May 2023.
In a new amended complaint filed June 16, LaBella has now included text messages with the film's intimacy coordinator along with descriptions of the painful emotions she allegedly endured after the scene was completed.
But Costner's lawyer Marty Singer has slammed the latest allegations in a statement obtained by DailyMail.com, insisting there was 'no intimacy or anything sexual' in the shot.
'Ms. LaBella was doing a rehearsal on an Insert Shot for a scripted scene. There was no intimacy or anything sexual in the shot,' Singer said. 'There was tugging on a dress while she was fully clothed in a dress with long bloomers lying down next to a male actor.'
Singer also claimed that LaBella thanked her supervisor for 'these wonderful weeks' in a text message sent following her wrap.
Stuntwoman Devyn LaBella first alleged in a lawsuit last month that she was 'the victim of a violent, unscripted, unscheduled rape scene directed by Kevin Costner' while serving as a double for actress Ella Hunt for Horizon: An American Saga - Chapter 2 in May 2023
'Numerous witnesses have contradicted Ms. LaBella's meritless claims. She herself texted her supervisor after she wrapped stating, "Thank you for these wonderful weeks." We look forward to the swift end of this specious lawsuit.'
The amended complaint details how, following a scripted and scheduled rape scene shot on May 1 (which included LaBella, Hunt and actor Douglas Smith, who played Sig), LaBella alleges the following day she was 'set to perform a non-intimate scene as a double' with Hunt.
The amended complaint alleges that they learned the scenes would instead be filmed with male actor Roger Ivens, who played the character Birke and was cast during pre-production, and 'no arrangements were made' for an intimacy coordinator to be present during the shoot (her contract allegedly required such a coordinator be present during intimate scenes).
Hunt allegedly 'walked off the set, refusing to do the scene' as a result of the 'ad hoc and violent nature of the sudden script change request' along with the absence of the intimacy coordinator, according to her legal complaint.
LaBella was allegedly unaware Hunt had walked off and was asked by Costner to appear as a 'stand in' for Hunt to 'line up [a] shot' - which she agreed to do.
However the complaint alleges that LaBella was 'completely in the dark' as to what the scene would entail, 'whether her undergarments would be worn or exposed, who would be involved, what was expected of her, whether there would be a rehearsal or run through, whether there was a need for and therefore would be an intimacy coordinator and most importantly, whether she consented to do a scene that would require her consent.'
Costner - who the complaint notes was 'fully in charge of directing the action filmed' that day - ultimately directed Ivens 'to repeatedly perform a violent simulated rape on Ms. LaBella.'
'As directed by Costner, this unscripted, unrehearsed scene consisted of Mr. Ivens mounting Ms. LaBella while miming the unbuttoning of his pants, and using his body and arms to forcibly pin down Ms. LaBella, who was on her back underneath him,' the complaint reads. 'Mr. Ivens violently rustled Ms. LaBella's skirt up as if trying to penetrate her against her will and he was directed to pin her legs open with his knee.'
The complaint also states: 'Ms. LaBella was never given the opportunity to prepare for or consent to participate in this scene, much less to object to it.
'To the contrary, without a discussion, explanation, rehearsal, choreography session or stunt or intimacy coordinator present, Defendant Costner instructed Ms. LaBella to 'lay down' as Mr. Ivens, who was dirty and covered in sweat, climbed on top of her and then lifted up her skirt while pinning her legs down so she could not move.'
The complaint also alleges that LaBelle's 'personal undergarments were exposed' during the scene, which only further added to her humiliation as she was menstruating at the time of the shoot.
'As Defendant Costner directed Mr. Ivens to carry out the violent assault over and over and over again, Ms. LaBella felt the air pour over her intimate parts as her personal undergarments were exposed, even though to Ms. LaBella's knowledge, costume underwear is typically worn in planned intimate shots,' the complaint noted.
'This exposure was especially humiliating to Ms. LaBella as she was menstruating at the time, compounded by the fact that between takes, Mr. Ivens' hands rested on top of the bundled-up skirt above her vagina,' it further added.
'Wardrobe immediately sewed up Ms. LaBella's bloomers after the scene as she requested. It should have been done prior to the scene, but the departments were not prepared or informed that the scene would be happening.'
DailyMail.com has contacted representatives for Iven who had no comment at this time.
LaBella previously claimed that Costner did not call out 'action' or 'cut' during the scene, which meant she wasn't aware when it began or ended. She further alleged that neither the film's stunt coordinator or the intimacy coordinator were present during the filming of the impromptu scene or informed it was happening.
In the fallout from the scene, LaBella says she suffered 'shock, embarrassment and humiliation while attempting to process the situation', and she contacted the intimacy coordinator to discuss the 'abomination.'
The complaint contained screenshots of their subsequent text messages in which LaBella expressed her grievances over the May 2 shoot.
When LaBella returned to the set following a break, the complaint claims the environment for her as 'very awkward' with the production team now behaving 'extra careful' around her.
It noted that 'multiple people apologized to her over the course of days and made excuses for Director Costner, all of which made her feel even more uncomfortable.'
It adds she was not re-hired for Horizon 3.
LaBella first first the lawsuit against Costner and the Horizon producers last month.
People reported that LaBella is 'suing for an undisclosed amount and wants a trial by jury.'
Costner's attorney Marty Singer previously slammed LaBella as a 'serial accuser' as he vehemently denied her claims, which he insisted have 'absolutely no merit,' in a statement.
He said that Costner 'always wants to make sure that everyone is comfortable working on his films and takes safety on set very seriously.'
Singer, who accused LaBella of 'shakedown tactics,' also alleged that she had approved and rehearsed the scene with another actor prior to filming.
He also claimed she was in 'good spirits' afterwards and had expressed gratitude for the opportunity via text to Horizon's stunt coordinator.
Singer concluded: 'The facts are clear and we are beyond confident that Kevin will prevail.'
The impact of the scene took a toll on LaBella, according to her lawsuit, as she allegedly broke down and experienced 'reminders of shame, humiliation and complete lack of control.'
LaBella claims that the onset incident has left her 'with permanent trauma that she will be required to address for years to come.'
She said she began suffering from 'sleep disturbance, fears of intimacy' and 'anxiety,' which drove her to seek the help of a therapist in June 2023.
'On that day, I was left exposed, unprotected, and deeply betrayed by a system that promised safety and professionalism. What happened to me shattered my trust and forever changed how I move through this industry,' she shared in a statement to PEOPLE last month.
'As I continue performing and step into my journey of stunt coordination, I operate with a fierce commitment to upholding the highest standards, creating sets where safety, communication, and consent are non-negotiable.
'This experience has ignited in me a lifelong mission to be the advocate I once needed, ensuring no one else is ever left as vulnerable as I was.'
LaBella's attorney James A. Vagnini called the lawsuit 'emblematic of what is still a very deep rooted issue in Hollywood.'
LaBella's other attorney Kate McFarlane added that the 'case is a clear example of male-dominated, sexist Hollywood movie production.
'Our client was subjected to brutal sexual conduct completely unprotected from the obvious harm. This happened despite the fact that there exists standards of conduct and behavior specifically designed to protect people like Devyn LaBella,' McFarlane concluded.