No, but it sounds like Vick had knowledge that he withheld from her. That's the problem and the crux of the case. It is a lot different from just having unprotected sex with someone and not knowing you had something. Vick seems like he knew.
People are dying of AIDs because people infected with the disease don't care about informing their partners. That is murder, plain and simple. Herpes isn't the same, but I hear it ain't very fun either.
Using protection is the right thing, but that doesn't mean that absolves someone who is infected from revealing this fact especially if they are skipping protection.
It's like saying someone broke into your house and being told well, you should have paid for an alarm system, it's kind of your fault.