Kevin Costner has hit back at stuntwoman Devyn LaBella’s lawsuit in new court filings containing images that appear to show she was smiling and ‘comfortable’ on set while shooting a ‘rape’ scene for his Horizon western film series.
In a sworn declaration obtained by Daily Mail, the 70-year-old actor-director included behind-the-scenes photos that show the cast and crew rehearsing a sequence involving LaBella, who was serving as a stunt-double for actress Ella Hunt’s character, Juliette.
According to Costner, the scene in the 2024 film was intended to depict the leadup to Juliette’s sexual assault inside a wagon that is ultimately never witnessed by the audience.
The shot was ‘carefully blocked’ and contained ‘no simulated rape, simulated sex’ or ‘any physicality’, the filing states.
But in her lawsuit filed in May this year, LaBella said she was forced to perform a ‘violent, unscripted, unscheduled rape scene’ while filming Horizon: An American Saga – Chapter 2 in May 2023.
The stunt performer claimed she was ‘told to lie down’ while an actor was brought in to simulate rape on top of her ‘without warning or rehearsal.’ She also claimed her undergarments were exposed.
But the series of images obtained by Daily Mail appear to dispute that account, showing LaBella ‘in full costume’, with bike shorts under an ankle-length dress, as she lay next to actor Roger Ivens in a covered wagon.
Costner claims LaBella agreed to ‘block’, or choreograph, the moment, was never pressured and ‘did not look uncomfortable or in distress’.
He says the goal was to get a portion of the shot as a ‘pick up shot’, showing just a hand pulling on the character’s dress.
‘The simple act of moving the hem of the dress from the ankle to the knee created a moment of absolute clarity for the audience to absorb what would happen off-screen,’ Costner states.
‘There would be no simulated rape, simulated sex, gyrating, violent restraint, nudity, or any physicality.’
He goes on to say that both his recollection and the photos show LaBella’s ‘privacy was fully maintained’ and that he had ‘no reason to believe that she was upset in any way’.
‘This was not intended to be, nor was it, sensationalist or exploitative. This was not a “violent rape scene;” it was an extremely quick, tightly-focused shot showing Roger moving the hem of her dress, and was designed to imply what was about to happen – nothing more,’ he says in the court documents.
‘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.’
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.
Costner’s legal team have now filed new court documents demanding 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’.
He 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.’
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?’
