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Criminal Prosecution and HIV-related Risky Behavior

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  • Adeline Delavande
  • Dana Goldman
  • Neeraj Sood

Abstract

We evaluate the consequences of prosecuting HIV+ people who expose others to the risk of infection. We show that the effect of aggressive prosecutions on the spread of HIV is a priori ambiguous. Aggressive prosecutions tax risky behavior and thus deter unsafe sex and limit the number of sexual partners. However, such penalties might also create unique incentives for having sex with more promiscuous partners such as prostitutes and consequently increase the spread of HIV. We test these predictions using unique nationally representative data on the sexual activity and prosecutions of HIV+ persons. We find that more aggressive prosecutions are associated with a reduction in the number of sexual partners and increased likelihood of safe sex. However, they are also associated with increased likelihood of having sex with prostitutes and not disclosing HIV+ status. Overall, our estimates imply that doubling the prosecution rate could decrease the number of new HIV infections by 12% over a ten-year period.

Suggested Citation

  • Adeline Delavande & Dana Goldman & Neeraj Sood, 2007. "Criminal Prosecution and HIV-related Risky Behavior," NBER Working Papers 12903, National Bureau of Economic Research, Inc.
    • Handle: RePEc:nbr:nberwo:12903
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    References listed on IDEAS

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    3. Darius Lakdawalla & Neeraj Sood & Dana Goldman, 2006. "HIV Breakthroughs and Risky Sexual Behavior," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 121(3), pages 1063-1102.
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    Cited by:

    1. Raj Arunachalam & Manisha Shah, 2013. "Compensated for Life: Sex Work and Disease Risk," Journal of Human Resources, University of Wisconsin Press, vol. 48(2), pages 345-369.
    2. Delavande, Adeline & Sampaio, Mafalda & Sood, Neeraj, 2014. "HIV-related social intolerance and risky sexual behavior in a high HIV prevalence environment," Social Science & Medicine, Elsevier, vol. 111(C), pages 84-93.

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    More about this item

    JEL classification:

    • I1 - Health, Education, and Welfare - - Health
    • I18 - Health, Education, and Welfare - - Health - - - Government Policy; Regulation; Public Health
    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law

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