hmmm....how about the argument that he was “negligent”.
In other words - everyone with half a brain understands how STDs are spread - and he is the poster boy for what not to do.
Certainly he was reckless and negligent regarding the health of his wife.
I don't believe such an argument could be made for a criminal allegation of domestic violence. I doubt any criminal court wants to walk down the path of criminalizing promiscuity, irrespective of how robust it may be. But, in the world of civil tort and divorce law, virtually anything is possible with earnest and creative representation - and an endless supply of money; Criteria that I'm sure is met in this case.
I think it's likely that if Nordegren can't renegotiate her original prenup with Woods, she could sue to amend the contract (if not invalidate it), and that suit would be strong and likely to prevail. In short, the sista is gonna get paid.