'Grey's Anatomy' star Eric Dane and his wife, actress Rebecca Gayheart, participated in a taped threesome with former beauty queen Kari Ann Peniche, Gawker reports. The 36-year-old Dane, who plays Mark "McSteamy" Sloan on the hit medical drama, steps in front of and behind the camera, while filming the sexcapades in Peniche's apartment.

His lawyers have quickly responded to a leak of the footage, insisting to PEOPLE that it's simply "a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."

The statement continues: "Although the participants are nude, the tape is not a 'sex tape.' It is a private tape made for only my clients' personal use, and nobody has the right to exploit it. If anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability."

In the footage, Dane, Gayheart and Peniche decide on porn star names and frolic in a jacuzzi, all while the camera is rolling. At one point, Gayheart remarks, "I need to lay down, too. I'm very high."