Kevin Costner is pushing back against a lawsuit from a Horizon 2 stunt performer who claims she was pressured to participate in an unscripted scene described as a rape, and that on-set protocols were violated. In a motion filed Tuesday to dismiss the case, Costner called the allegations “patently false” and said they are intended to damage his reputation and the Horizon movies.
Costner’s filing says the claims are a sensationalized attempt to embarrass him and secure an outsized payout. In response to the suit, he asserted that the scene was not a rape scene and that there was no nudity or simulated sex, even though the moment was meant to imply what would happen off screen. He described the shot as an artistic choice designed to convey future events rather than depict a sexual act.
The lawsuit, filed in May by Devyn LaBella, alleges sexual harassment and the creation of a hostile work environment. LaBella contends that Costner improvised a sequence in which another actor crossed her and pulled up her skirt in a forceful manner. An intimacy coordinator on Horizon 2 reportedly documented lapses in safety and planning, including insufficient communication and the absence of a closed set during the scene.
Costner’s attorney Marty Singer argues in the anti-SLAPP motion that Horizon 2 tackles “the horrific struggles endured by women” in the post-Civil War American West and addresses their vulnerability to violence, which the filing says brings the case within California’s anti-SLAPP protections. The anti-SLAPP mechanism is intended to shield free speech on matters of public concern, and it can speed up the path to dismissal and allows the losing party to appeal immediately, potentially delaying the case for a year or more.
Declarations from other Horizon 2 crew members support Costner’s depiction of the scene. Roger Ivens, the other performer involved, stated that LaBella presented a “false and sensationalist” version of events, insisting it was not a simulated rape. Stunt coordinator Wade Allen, who hired and supervised LaBella, also asserted there was “no intimacy, no nudity, no sexual conduct or movement of any kind” in the scene; he said LaBella gave him a thumbs-up before and after a run-through and appeared to be comfortable with the scene.
LaBella’s attorney, James Vagnini, rejected the anti-SLAPP approach, arguing that LaBella’s professional conduct does not undermine her claims and that her allegations are corroborated by the intimacy coordinator and other witnesses, including text messages. He called the motion a continuation of a pattern in Hollywood where powerful figures are shielded from accountability, describing Costner’s filing as a “desperate delay tactic” that avoids legitimate claims.
The Horizon 2 project, which has not yet been released, is described as exploring the hardships faced by women in the American West after the Civil War, including their exposure to violence.
What this means and where it could go:
– The anti-SLAPP motion, if successful, could lead to an immediate appeal and likely delay the case for a substantial period. If the court denies the motion, the case would proceed to discovery and possibly a trial.
– The dispute highlights ongoing conversations in the film industry about on-set safety, consent, and the role of intimacy coordinators in protecting performers.
– The involvement of multiple crew members offering differing accounts underscores the complexity of on-set dynamics and how statements from participants are weighed in legal settings.
– Regardless of the outcome, the case brings renewed attention to how productions handle sensitive scenes and how union protocols are enforced on set.
Possible angle for readers: The case reflects broader industry debates about consent, safety protocols, and accountability in high-pressure productions, suggesting heightened scrutiny and potential changes in how scenes with intimate or sensitive content are negotiated and supervised in the future.
Summary: The legal battle centers on whether a staged, implied-rape moment on the Horizon 2 set violated safety protocols and constitutes harassment or a mischaracterized scene. Costner seeks to dismiss the lawsuit under California anti-SLAPP protections, while LaBella maintains that her allegations are valid and supported by other witnesses. The outcome may influence not only the Horizon project but industry practices around intimacy and on-set safety going forward. If helpful, this article can be followed with expert commentary on on-set consent standards and the evolving role of intimacy coordinators in major productions.