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Comment by olalonde

6 days ago

I find it hard to believe this would qualify as "enough evidence" in any court of law. A straightforward defense could be that you simply stopped tracking for unrelated reasons.

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.

> I find it hard to believe this would qualify as "enough evidence" in any court of law.

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.

you don't even need to actually seek an abortion, and it's been going on for years. There are many reports, e.g. in the BBC[1], this personal story on CNN [2], this woman who had a miscarriage while using drugs and got four years [3], this PBS article about how the risk of miscarriage being criminalized is increasing [4]... etc.

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...