Stunt performer Devyn LaBella has filed a lawsuit in California against Kevin Costner and the producers of his Western epic Horizon: An American Saga – Chapter 2, accusing them of compelling her to perform an unscripted, “violent” simulated rape scene without adequate notice, consent or the presence of a mandated intimacy coordinator. The complaint, lodged on 27 May 2025, seeks damages for sexual harassment, a hostile work environment and breach of contract under the terms negotiated by the performers’ union SAG-AFTRA.
Background: Horizon’s Four-Part Western Saga
Horizon: An American Saga is a multi-film Western anthology that Costner co-wrote, directed and stars in. Chapter 1 premiered in June 2024, grossing US$38.7 million worldwide against a roughly US$100 million budget. Chapter 2 debuted at the Venice International Film Festival in September 2024, with its theatrical release yet to be announced. Costner has personally financed much of the project—investing an estimated US$38 million—after an initial box office performance that fell short of expectations.
Allegations by Devyn LaBella
According to LaBella’s court papers, on 2 May 2023 she was called to the set of Chapter 2 under false pretenses the day after a different scripted rape sequence had been completed. Ella Hunt—whom LaBella doubles for in the role of Juliette—had declined to perform the additional scene and left the production. LaBella claims she was not informed of Hunt’s refusal or of the content of the new sequence.
- Lack of Notice and Consent
LaBella alleges that Costner improvised a new rape scene, directing a male cast member to “mount her, pin her down and violently rake up her skirt” while Costner “experimented with different takes of the rape action.” Under SAG-AFTRA agreements, performers must receive 48 hours’ notice and consent in writing before filming any scenes involving nudity, simulated sex or sexual violence. LaBella contends she received no advance notice and did not consent to this depiction. - Absence of Intimacy Coordinator
Hunt’s contract—as well as subsequent guidelines adopted industry-wide following the 2023 SAG-AFTRA strike—mandates that an intimacy coordinator be present for any scenes simulating sexual violence. LaBella’s complaint states that no such professional was on set, removing a key safeguard designed to ensure actors’ physical and emotional safety. - Improper Set Closure
Sensitive scenes are supposed to be filmed on a closed set, limited to essential crew members. LaBella asserts that the impromptu rape sequence was broadcast on monitors visible to the entire crew, with no effort to restrict bystanders, thereby violating both contractual protocols and basic privacy expectations.
Immediate Aftermath and Emotional Impact
LaBella says she was left feeling “shock, embarrassment and humiliation” immediately afterward and only began therapy in June 2023. Despite her distress, she claims she felt compelled to continue working professionally while production continued. Her lawsuit seeks compensation for emotional distress, lost earnings, and punitive damages.
Costner’s Denial and Counter-Evidence
In statements to Variety and Deadline, Costner’s attorney Marty Singer vigorously denies all allegations. According to Singer:
- The scene was fully explained to LaBella in advance.
- A rehearsal took place, during which LaBella gave a “thumbs up” to the stunt coordinator to signal her readiness.
- LaBella remained in “good spirits” after filming and sent a text message praising the production and expressing gratitude to the stunt team.
Singer described the lawsuit as “completely contradicted by her own actions—and the facts.” He characterized Costner as “deeply committed to safety and respect on set,” noting that the director consistently prioritizes performers’ comfort.
Industry Standards and SAG-AFTRA Protocols
This lawsuit shines a spotlight on the industry’s evolving approach to choreographing—and safeguarding—intimate or violent scenes:
- SAG-AFTRA Guidelines
Since the 2023 strikes, SAG-AFTRA has strengthened its protocols for intimacy work, demanding advance notice, written consent and the presence of trained intimacy coordinators. These measures are intended to prevent exploitation and ensure performers have agency over their bodies and performances. - Role of the Intimacy Coordinator
Intimacy coordinators act as on-set advocates, helping to choreograph scenes to match the director’s vision while respecting actors’ boundaries. Their absence in LaBella’s account suggests a potential breach of newly codified best practices. - Closed-Set Requirements
Filming simulated sexual content on closed sets has become standard to protect performers’ privacy and limit onlookers to only those essential for filming. Violations of this practice can expose studios to legal and reputational risk.
Legal Implications and Potential Outcomes
LaBella’s case centers on breach of contract and workplace safety violations—claims that, if substantiated, could have broad ramifications for the Horizon franchise and the wider film industry:
- Breach of Contract
Proving that Costner and the producers failed to adhere to SAG-AFTRA’s 48-hour notice or intimacy protocols could result in substantial damages, including lost wages for LaBella and punitive awards. - Hostile Work Environment
If the court finds that LaBella was subjected to non-consensual sexual simulation, it may classify the set as an unsafe or hostile workplace, opening the door to further claims under California labor and harassment laws. - Production Delays and Financial Exposure
Litigation of this magnitude often leads to production slowdowns, increased insurance premiums and heightened scrutiny by guilds and regulators. Costner has already invested heavily in the Horizon saga; the lawsuit threatens both ongoing financing and future box office prospects.
Broader Industry Repercussions
Even beyond the Horizon set, the lawsuit may prompt studios to re-examine their intimacy protocols and contract language:
- Standardization of Intimacy Practices
A high-profile lawsuit could accelerate industry-wide adoption of intimacy coordinators and stricter notice requirements, extending beyond sexual violence to any scene involving nudity or physical vulnerability. - Union Advocacy
SAG-AFTRA and other unions may leverage this case to push for strengthened enforcement of existing guidelines, additional training for intimacy coordinators, and harsher penalties for non-compliance. - Risk Management
Producers and insurers will likely conduct more rigorous risk assessments of scenes involving simulated violence or sex, potentially increasing budgets for staffing and safety oversight.
Kevin Costner’s Standing and Next Steps
Costner, a two-time Oscar winner and established Hollywood figure, has for decades been seen as a pragmatic filmmaker who values actor safety. He may face tension between defending his creative choices and adapting to the post-strike emphasis on performer rights.
- Discovery and Depositions
As the case moves forward, LaBella and Costner will exchange evidence in discovery, including rehearsal footage, text messages, call sheets and testimony from cast and crew. - Possible Settlement
Many high-stakes Hollywood disputes end in confidential settlements. Costner’s legal team may seek to resolve the matter out of court to avoid negative publicity for Chapter 2’s release. - Trial
Should the parties fail to settle, the lawsuit could proceed to trial in California Superior Court, where jurors will weigh LaBella’s emotional distress testimony against Costner’s rebuttal evidence of rehearsal and consent.
Conclusion
Devyn LaBella’s lawsuit against Kevin Costner and the Horizon producers raises urgent questions about performers’ safety, consent and enforcement of newly established intimacy guidelines in Hollywood. As both sides prepare to present their evidence, the outcome may reshape industry practices—underscoring the balance between artistic spontaneity and contractual, psychological and physical protections for actors and stunt professionals. Whether resolved by settlement or trial, this case will be closely watched by filmmakers, unions and audiences alike for its implications on set safety and the future of simulated intimacy in cinema.
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