As far as Grey’s Anatomy scandals are concerned, this one could actually help ratings.

Actor Eric Dane, who plays Dr. Mark Sloan (a.k.a. “Dr. McSteamy) on the ABC hit, has found himself in an interesting position—one that rivals his character’s penile fracture incident. In a video currently posted on Gawker.com, the 36-year-old…and his wife (actress Rebecca Gayheart)...and a former beauty queen (Kari Ann Peniche)...all appear a little off and a lot naked.

The clip, which was cut down from a soon-to-be posted 12-minute version, was reportedly filmed at Kari Ann’s Studio City apartment. Although it has been dubbed by many to be a “sex tape,” the married couple’s lawyer denies the label.

“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. 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,” attorney Marty Singer declared in a statement.

Although Peniche was crowned Miss Teen USA in 2002, she was later stripped of her title after appearing in the November 2004 of Playboy. Aaron Carter’s former fiancee was also booted off the upcoming season of Celebrity Rehab - she was being treated for a sexual addiction - after a list of behavioral problems.