Kevin Costner on Thursday lost a lawsuit accusing him of sexual harassment for setting up an unscripted rape scene while filming the movie “Horizon 2.”
Devin LaBella sued Costner and the production in May, alleging that he violated SAG-AFTRA regulations by being forced to appear without prior warning or an intimacy coordinator present.
Mr. Costner’s lawyer, Marty Singer, asked for the lawsuit to be dismissed under California’s anti-SLAPP law, which is meant to protect free speech from frivolous lawsuits. Judge John Takasugi ruled that the facts alleged in the lawsuit were sufficient to proceed and dismissed the motion.
Kate McFarlane, one of Mr Labella’s lawyers, praised the judge’s decision.
“The creative process does not and cannot give those in power complete impunity to abuse women like Ms. Labella,” MacFarlane said in a statement. “We were confident that we would prevail against the defendant on this frivolous allegation, and we did. We expect that the defendant will continue to employ similar tactics to keep his despicable acts out of the eyes and ears of the jury. We will not back down.”
LaBella worked as a stunt double for Ella Hunt, who played Juliet in the movie “Horizon.” During filming in May 2023, Labella was asked to fill in for Hunt after he refused to participate in a scene, according to the complaint. She claims the actor held her down, straddled her and instructed him to violently lift her skirt.
Labella claims she was traumatized and humiliated by the experience. The film’s intimacy coordinator later prepared a report documenting violations of the union’s terms.
Costner responded by saying the allegations were “patently false” and were intended to harm and embarrass him in order to obtain “high and unwarranted compensation.”
Costner’s lawyers submitted statements from several actors and staff members saying the scene was not a “mock rape” and that Labella did not appear to object at the time.
To succeed in an anti-SLAPP motion, the defendant must prove that the defendant engaged in First Amendment-protected speech about a matter of public interest. Costner’s lawyers argued that the film “Horizon” deals with “the horrific struggles endured by women” in the American West, “including their extreme vulnerability to rape and other forms of violence.”
Director Takasugi was “somewhat skeptical” that the scene was intended to depict that, but acknowledged that the film was a work of expression protected by the First Amendment. However, the anti-SLAPP motion was denied on the second position, which required defendants to show that their claims lacked minimal merit.
The judge ruled that Labella’s claims were true and not frivolous, and the motion was dismissed. The judge dismissed one of the 10 counts, a charge of violating the Bain Act, which is designed to combat hate crimes. The judge found that there was no allegation of threat of physical violence necessary to prove that claim.