If the Rolling Proximity Key is not recorded by other users (e.g. the abuser haven't put their device in a high human traffic location and intentionally broadcast your RPK), attacker uploading Diagnosis Keys will not cause any effect.

If the abuser took the effort to place a device and broadcast RPK for a while, then upload the Diagnosis Keys, I'm hoping Apple or Google have a way to validate the requests is from a legit device and thus abuser would have to have a lot of devices to game the system.