Kevin Costner lost his bid on Thursday to throw out a lawsuit accusing him of sexual harassment for setting up an unscripted rape scene during filming of “ Horizon 2 .”

Devyn LaBella sued Costner and the production in May, alleging she was forced to perform in the scene without advance warning and without an intimacy coordinator present, in violation of SAG-AFTRA rules.

Costner’s lawyer, Marty Singer, sought to throw out the suit under California’s anti-SLAPP law, which is designed to protect free speech from frivolous litigation. Judge Jon Takasugi denied the motion, finding that the facts alleged in the lawsuit are sufficient to proceed.

Kate McFarlane, one of LaBella’s attorneys, applauded the judge’s decision.

“The creative process cannot and does not give men in power comp

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