Law&Crime Sidebar - Kevin Costner Forced Stunt Double into ‘Unscripted’ Rape Scene: Lawsuit

Episode Date: May 31, 2025

Professional stunt performer Devyn LaBella claims when she was working with actor and director Kevin Costner on his film series “Horizon: An American Saga,” he made her rehearse an unplanned, unscripted scene that involved another actor simulating a violent rape. LaBella says rules in place to protect performers were not followed, leading to a traumatizing experience. Law&Crime’s Jesse Weber has details directly from the civil complaint.PLEASE SUPPORT THE SHOW: If your child, under 21, has been diagnosed with type 2 diabetes or fatty liver disease, visit https://forthepeople.com/food to start a claim now! HOST:Jesse Weber: https://twitter.com/jessecordweberLAW&CRIME SIDEBAR PRODUCTION:YouTube Management - Bobby SzokeVideo Editing - Michael Deininger, Christina O'Shea & Jay CruzScript Writing & Producing - Savannah Williamson & Juliana BattagliaGuest Booking - Alyssa Fisher & Diane KayeSocial Media Management - Vanessa BeinSTAY UP-TO-DATE WITH THE LAW&CRIME NETWORK:Watch Law&Crime Network on YouTubeTV: https://bit.ly/3td2e3yWhere To Watch Law&Crime Network: https://bit.ly/3akxLK5Sign Up For Law&Crime's Daily Newsletter: https://bit.ly/LawandCrimeNewsletterRead Fascinating Articles From Law&Crime Network: https://bit.ly/3td2IqoLAW&CRIME NETWORK SOCIAL MEDIA:Instagram: https://www.instagram.com/lawandcrime/Twitter: https://twitter.com/LawCrimeNetworkFacebook: https://www.facebook.com/lawandcrimeTwitch: https://www.twitch.tv/lawandcrimenetworkTikTok: https://www.tiktok.com/@lawandcrimeSee Privacy Policy at https://art19.com/privacy and California Privacy Notice at https://art19.com/privacy#do-not-sell-my-info.

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will keep you on the edge of your seat. Don't let your fears take hold of you as you dive into this addictive series. Love thrillers with a paranormal twist? The entire Oracle trilogy is available on Audible. Listen now on A Hollywood stunt double says she was asked to stand in for a scene in one of Kevin Costner's recent movies, but claims she had no idea what was going to happen to her next. Now she's suing Costner and his film companies saying she was roped into simulating a violent rape scene over and over again without any of the required safety measures in place. We've got our hands on the lawsuit as well as the response from Costner's attorney. Welcome to Sidebar.

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Producer, director, and actor Kevin Costner is facing scrutiny right now over allegations of sexual harassment, discrimination, and creating a hostile work environment on the set of one of his latest westerns. According to a new lawsuit that was filed out in Los Angeles Superior Court, Costner allegedly asked a female stunt performer to act as a stand-in for a scene, you know, so he could get the camera shots and the lighting set up the way that he wanted. Despite that, by the way, not really being in her job description, but she apparently apparently agreed and says she then found herself in the middle of an unannounced, unscripted,

and violent, simulated rape scene. Okay, so we're going to dive into the civil complaint in just a moment, but first I've got to give you a rundown of all the different players here. So here we have Devin LaBella, she's the plaintiff, she's a 34-year-old stunt performer, who's worked on lots of different projects, including shows like CSI Las Vegas, American horror stories, Yellow Jackets, the rookie. She lives and works in L.A., often hired by talent agencies and stunt groups that are headquartered there.

And she is suing Horizon Series Inc., Horizon Series Inc., and Kevin Costner. Now, Territory's picture, according to the complaint, is an offshoot of Costner's production company Treehouse Films, so you get that. And then you have 70-year-old Kevin Costner. Do I even really need to explain who he is? He is, of course, a Hollywood legend. He rose to prominence, thanks to films like The Untouchables, the Bodyguard, Dances with Wolves, won of two Oscars, by the way, Best Picture, Best Director.

And most recently, he's produced and starred on the hit TV show, Yellowstone. But if you've been following his career as of late, you also know that he's been working on this four-part anthology of westerns called Horizon, an American saga. Chapter 1 was released last summer. Chapter 2 has been shown at film festivals, but doesn't have a theatrical release date as of yet. And then you got a man named Wade Allen. So Wade Allen was apparently hired to be the stunt coordinator and second unit director for Horizon 2. So according to LaBella, again, the plaintiff here, he had hired her for productions before

and then reached out to her about being the lead stunt double for one of the actresses in the film, Ella Hunt. And by the way, she plays Juliet Chesney, a British school teacher traveling to the town of Verizon on the Oregon Trail with her husband. Now, this would be LaBella's job to, you know, stand in for Hunt when there were scenes that required physicality or choreography, and she was also used as a body double for shots where you can't see the actress's face. And then you got two supporting actors.

They're also mentioned in the filing. So you have Douglas Smith, who plays a character named Sig, and you have Roger Ivins, who plays Burke. So what happens? Well, you have this planned simulated rape scene that involves Smith and LaBella that was filmed on May 1st. Then, on May 2nd, LaBelle. says there was a much more violent rape scene that was rehearsed involving Ivans.

Now, while much of the hiring was done in Los Angeles, filming actually took place in Utah. Makes sense. It's a pretty fitting place to shoot a Western. But now we've got to take a closer look at the lawsuit. So now that you know all the players, you know what's going on, let's go to the lawsuit. So it begins, quote, on May 2nd, 2023, plaintiff Devin Lebella, a female stunt performer was the victim of a violent, unscripted, unscheduled rape scene, by Kevin Costner, owner, chief executive officer, and secretary of Horizon Series Inc. The impact of this impromptu work demand on Ms. LaBella has been profound, not only upending

a career Ms. LaBella spent years building, but leaving her with permanent trauma that she will be required to address for years to come. Little side note here whenever you have a lawsuit like this. Harm, very, very important to establish. Quote, Ms. LaBella files this action not only for the damages she has sustained, but to address the continued failures at the highest levels of Hollywood production companies to comprehend and address the impacts of performing in sexually explicit and violent scenes and the need for intimacy coordination. Now, if you've been following us here on Sidebar, you know, we have talked about intimacy coordinators before, right? This was all part of our coverage of the dueling lawsuits, the dueling narratives filed by former co-stars Justin

Baldoni and Blake lively. Remember that? This is part of the claim of sexual harassment and inappropriate conduct on set. Lively claims there wasn't an intimacy coordinator present for certain scenes for the movie. It ends with us when there should have been. And that Justin Baldoni, who co-starred, the director of the film, improvised a lot. That was the allegations. In response, Baldoni claimed that an intimacy coordinator was retained, but it was lively who refused to meet with them and instead wanted Baldoni to relay to her whatever the coordinator had to say.

Now, intimacy coordinators, they're there to make sure that everyone on set is comfortable with what's happening in a scene, that there's proper communication, that there's no surprises, that there are no boundaries that are violated, especially, by the way, those involving nudity or simulated sex. The coordinator goes over exactly what to expect during the shoot monitors for any issues, and the scenes, and it ends with us that Lively says are problematic. They involve alleged improvised kissing, as well as a birthing scene where she says she was on the set. that the set was full of people who should have been cleared out for her privacy, that the actor who played the doctor wasn't on par, a lot of different back and forth. But I don't want to talk about Blake Lively, Justin Maldoni. I want to go back to this.

So LaBella claims that she was subjected to a much more graphic rehearsal of a violent rape scene that was allegedly unscripted, unscheduled, and outside the supervision of the intimacy coordinator. Important allegations here. And also, by the way, similar to Lively's lawsuit, is the timeline of all this, because before filing a civil complaint, Lebella needed to submit a report to the California Civil Rights Division and Equal Employment Opportunity Commission.

This is the way that you have to do it before you can actually launch an official lawsuit. So according to the lawsuit, she filed this complaint with the agencies against Horizon Series Inc, Horizon Series 2 LLC in February of 2024, and then updated the filing to include Kevin Costner and Territory Pitcher. in November. A few weeks later, the filing states that the California Civil Rights Division issued right to sue letters so she could proceed with the litigation. Something to remember here. LaBella is a member of SAGAFTRA. Screen Actors Guild American Federation of Television

and Radio Artist Union. The union has contractual rules and regulations in place to protect performers and production workers on and offset. And according to the lawsuit, quote, In addition to the contractual obligations pertaining to any nude and intimate scenes Ms. Hunt might perform in, she also negotiated the involvement in presence of an intimacy coordinator for all nude and or intimate scenes. Later on in the filing, when addressing union rules, it reads, quote, SAG AFRA prohibits any last-minute request for nudity or simulated sex. Rather, producers must provide at least 48 hours notice before call time to review, negotiate a rider for nudity, simulated sex, and obtaining a performer's consent.

This applies even when a producer wants to make a change to previously agreed upon scenes. Lebella says before the incident on the Utah set in May of 2023, her career was taking off. She'd been selected to be a stunt performer in nearly 100 productions. And by the way, again, when you're talking about a lawsuit, the before and the after over that litigated incident or series of incidents, very important. Harm element. How did your life change? Her filing reads, in 2020, 3, Ms. LaBella's career path continued to rise.

The Horizon Production Team selected her to perform as Ms. Hunt's lead stunt double on her first run for a huge film with one of the biggest actors and directors known Kevin Costner. As a run, Ms. LaBella was cast as the lead stunt double for Ms. Hunt throughout the duration of the filming process. This was a major opportunity that she knew would lead to more work and features for her. Ms. LaBella knew that if she did well, doors would open. She was extremely excited to join the Horizon Saga production, especially knowing there would be four films in the franchise and that her coordinator provides talent for all the projects of Taylor Sheridan, co-creator of the Yellowstone series. So clearly there was a lot on the line with this project, right? Future exposure, earnings, networking, more. Okay.

Well, LeBella says she knew beforehand that she would need to be a double for hunt in a rape scene. But the lawsuit states, the scene is described. on the May 1st, 2023 call sheet as Sig wrestles Juliet down onto wagon bed, gets on top of her with his hand clamped over her mouth. He snuffs the lantern, tells her to lie still, and rakes at her clothes. The call sheet also only specifies Mr. Smith, Sig, Ms. Hunt Juliet, and her stunt double Miss Labella would be present. The call sheet does not call for Roger Ivans, who played the character Burke, to be present. Now, according to La Bella, they had to do multiple takes to make sure they got what they needed for the film.

But the intimacy coordinator made sure that when the director yelled cut, the actors were separated to give them, you know, some breathing room. But LaBella claims the next morning, when she got to the set, she found out that Costner was requesting they film a brand new scene with a different actor, Robert Ivins.

The complaint states, in these new scenes, Mr. Ivans, was to climb on top of Miss Hunt, violently raking up her skirt. Defending Costner, who was present on the set, specifically added this scene, which varied from the scene film the day before, which had not involved pulling up the actor's skirt. No physical action is outlined on the call sheet. There is no closed set specified.

There is no mention of Burke, Mr. Ivins, interacting with the Juliet character at any point. Crucially, no arrangements were made for Miss Cheney or any other intimacy coordinator to be present. during filming. Following Ms. Hunt's departure from the set, Defending Costner asked Miss Labella to stand in for Ms. Hunt to line up a shot. Ms. Labella was not a stand-in performer, and what defendant Costner requested of her was not within the scope of her role as a stunt double. Nevertheless, an incomplete ignorance of the nature of the shot, she agreed to help. Miss Lebella was not informed that Ms. Hunt had refused to do the scene and had walked off the set. According to Labella, she didn't realize what was happening until Ivan started

pulling up her skirt. The complaint continues as filming began, Ms. Labella laid down in the wagon as defendant Costner instructed. Costner approached her and directed that she hang her boots out of the wagon as the camera team and crew continued to test out and frame their shots. The camera was to broadcast the filming to the monitors located in the video village where the director and producers watched. Normally, this would have sufficed, as a Ms. Labella standing in for lighting or camera, whatever was needed. Then, without proper notice, consent, preparation, or appropriate safeguard measures in place, such as the project's intimacy coordinator being called in,

defending Costner directed Mr. Ivans to repeatedly perform a violent, simulated rape on Miss Labella. As directed by Costner, this unscripted, unrehearsed scene consisted of Mr. Ivan's mounting Miss Labella while miming the unbuttoning of his pants and using his body and arms forcibly pinning down Miss Labella who was on her back underneath him. Mr. Ivans violently rustled Miss LaBella's skirt up as if trying to penetrate her against her will. In the May 2nd shooting, there was no choreography outline, no rehearsals done, no notice

of the details of the scene given, and no provision for the presence of an intimacy coordinator. Indeed, Ms. Hunt was not present precisely because she had protested. and refused to participate. The call sheet does not mention anything about what would transpire, nor is there any notice of any last-minute decisions. Given the sensitive nature of this impromptu scene, the set should have been closed. In clear disregard for the privacy of the scene

and in violation of the SAG-after contract, the scene was broadcast publicly on monitors for the entire crew to witness. Moreover, since the set was open, anyone could walk by and observe the scene being performed. As defendant Costner directed Mr. Ivans to carry out the violent assault over and over and over again, Miss Labella felt the air pour over her intimate parts as her personal undergarments were exposed, even though, to Miss LaBella's knowledge, costume underwear is typically worn and planned intimate shots. This exposure was especially humiliating to Miss

Lebella as she was menstruating at the time, compounded by the fact that between takes, Mr. Ivan's hands rested on top of the bundled up skirt above her private area. So LaBella says that once the repeated takes were done, she sat alone in the wagon and cried. She says she reported what happened to the lead stunt coordinator, Wade Allen, who I mentioned before. Quote, Ms. LaBella met with Mr. Allen and two other stunt coordinators for dinner, as she believed it was important that she found out how this was allowed to happen. Upon expressing her outrage and concern, the male attendees blamed her for not speaking up. La Bella says after she broke down crying a few times, she took a few days off to

fly back to California and spend time with family. And when she returned to the set, LaBella says it was very awkward. She claimed several people apologized for what she'd gone through and, quote, made excuses for Director Costner, which she says made her even more uncomfortable. She also says she was told not to stay in her trailer and not be present on set. And that, by the way, will go to the retaliation claim, one of the things she's suing for. The lawsuit states, quote, following her complaints of sexual harassment on set, Ms. LaBella was not hired back to continue her role or at all as a stunt double for Horizon 3, which began filming in early 2024. Additionally, Ms. LaBella has not been hired on any of Mr. Allen's subsequent projects,

even though he had regularly hired Ms. LaBella on prior projects. Again, retaliation, or the claim of retaliation. Speaking of what she's suing for, she is suing for, she is suing for nine causes of action. Sex discrimination, creation of a hostile work environment, sexual harassment under two different California legal codes, failure to remedy or prevent discrimination and harassment, retaliation, interference with exercise of civil rights, intentional infliction of emotional distress, which is quite a broad claim, and breach of contract. Now, to be clear, her filing didn't have any kind of exact dollar amount that she's looking for in terms of damages, but there was a request to the court to grant compensatory and punitive

damages as well as attorney's fees. So this can get quite costly. She's also asking that if the judge were to find in her favor, that the defendants be required to take part in anti-sexual harassment and anti-sexual violence training to engage in intimacy coordinator on all future productions and apologize publicly to LaBella. So what is Kevin Costner? have to say about all this. Well, his attorney released a statement to several media outlets in response to the lawsuit. And by the way, he's being represented by Marty Singer, a very high-powered, very high-profile entertainment attorney, okay? So it says, as a stunt performer on Horizon 2, the scene in question was explained to Ms. Labella, and after she performed the rehearsal

and character with another actor, she gave her stunt coordinator supervisor a thumbs up and indicated her willingness to then shoot the scene if needed, which she was not. This claim by Devin LaBella has absolutely no merit, and it is completely contradicted by her own actions and the facts. Miss LaBella is a serial accuser of people in the entertainment industry and has worked with the same lawyer on past claims, but those shakedown tactics won't work in this case. Kevin Costner always wants to make sure that everyone is comfortable working on his films and take safety on set very seriously. So what do we make of this? Well, at this point,

it's allegations, right? It's very hard to know what to make of it without seeing any of the evidence. Is there actual filming of this? Is there footage of any of this? Can we see what this scene looked like, whether or not she was in distress? I mean, it's interesting from this statement that they're not denying that the scene took place, right? They're not denying that she was a part of it. They're denying that she didn't consent to it. And I think that's a key component. Now, clearly, if this were to advance and this would go to trial and she takes the stand, you're already starting to see the flavors of she could be cross-examined about prior complaints that she made, or as they claimed, alleged shakedowns. It's interesting. It is a very, very important

claim. And if her allegations are true, okay, and she has witnesses to back this up, she has footage to back this up, some sort of text messages to back this up. The facts in and of themselves I think could survive a preliminary motion to dismiss because if you just take the complaint as is, her description of events arguably match up to retaliation and possibly breach of contract and the de various claims that she's alleging. But again, we shall see what the defense is. We will see how this matures. This is definitely a case I want to keep a careful eye on very, very distressing situation, but you see Kevin Costner and team, they want to fight back. It's all we have for you right now here on Sidebar, everybody.

Thank you so much for joining us. And as always, please subscribe on YouTube, Apple Podcasts, Spotify, wherever you should get your podcasts. I'm Jesse Weber. I'll speak to you next time. of this long crime series, ad-free right now on Wondery Plus. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify.