That hardly matters, because it's still positing a contract where no such contract actually exists. Again, it's a case of libertarian legalism, admitting the utility of coercion to achieve a desired end: "we'll just say you signed a contract when you had sex because.... because!"
Unless an actual contract is signed or verbally assented to, no contract exists. It still seems to me like you're intentionally looking for a way to keep two fundamentally opposing philosophies unified.
If one does not accept the premise then one has to fall back on the definition of "human life" argument, in which case if the fetus is a human life, then the state has every duty and obligation to prevent its death unless necessary to save the life of the mother and if it is not a human life then it has no business being involved in the decision to abort. In either case, whether rape or incest was involved is irrelevant.
(If you believe that the state has no business in deciding what constitutes a human life and/or protecting human lives then you aren't a libertarian but an anarchist who thinks that at most murder is something to be dealt with in the civil courts [assuming there are any courts whatsoever.])