Also, are there really criminal penalties for receiving an abortion? From what I’ve read, the criminal penalties are reserved for those who perform or facilitate them.
As a person outside the United States, America appears to me like a very dangerous place to be pregnant in, and what's even wilder is that people (men?) appear largely unaware of it. Regardless of whether you think it's right to convict an addict for a miscarriage or to convict a woman for seeking an abortion or for having a spontaneous one, these are all examples of the environment in which having menstrual data fall into the wrong hands could bring about significant harm. Your proposed defence reads wildly naive and woefully inadequate to me given all this.
[1] https://www.bbc.com/news/world-us-canada-59214544 [2] https://www.cnn.com/2024/09/23/health/south-carolina-abortio... [3] https://thehill.com/blogs/blog-briefing-room/news/577876-okl... [4] https://www.pbs.org/newshour/show/the-increasing-risk-of-cri...
It doesn't have to be enough evidence to convict alone to be enough to be a vector of substantial adverse impact.
Criminal justice involvement short of conviction can have adverse, even fatal, consequences.
There's also sometimes significant risks of nongovernmental (particularly family and intimate partner) violence associated with situations that can be inferred from that data, which is one reason people often conceal things which might be inferred from it from selected other people.