HOLLYWOOD, Calif. — An attorney for Eric Dane and Rebecca Gayheart is threatening legal action after an alleged sex tape surfaced Monday that appears to show the married couple engaging in a steamy adventure with former beauty queen Kari Ann Peniche.
"This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public," attorney Marty Singer said in a statement. "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."
The trio appears intoxicated in the 12-minute long video, which includes each of them sharing their porn names as they splash together in a jacuzzi and lying naked together in bed.
At one point, the 38-year-old Gayheart says she needs to lie down because she's "so high."
According to Defamer, which first posted a portion of the sex tape, the threesome took place at Peniche's Studio City apartment. The video reportedly surfaced as part of an investigation into Peniche's alleged sex-for-hire business in Hollywood.
Dane, who is best known for his role as Dr. "McSteamy" on "Grey's Anatomy," married Gayheart on Oct. 29, 2004.
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