# Can a court challenge someone pleading the 5th (self incrimination)?

**URL:** <https://boards.straightdope.com/t/can-a-court-challenge-someone-pleading-the-5th-self-incrimination/967186>\
**Category:** Factual Questions\
**Created:** [June 30, 2022, 3:06pm UTC](https://boards.straightdope.com/t/can-a-court-challenge-someone-pleading-the-5th-self-incrimination/967186 "2022-06-30T15:06:17Z")\
**Posts on this page:** 1\
**Page:** 2

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**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\
**Post date:** [June 30, 2022, 9:15pm UTC](https://boards.straightdope.com/t/can-a-court-challenge-someone-pleading-the-5th-self-incrimination/967186/21 "2022-06-30T21:15:15Z")

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> [@md-2000](#):
>
> You might also be involved in a civil case. You are not obliged to answer, may plead the fifth, if the answers you give in civil trial may provide details that could lead to charges. (Again, even if you are innocent). However, the problem as I understand is this - if you fail to answer in civil court, this can be held against you…

The term to be applied is “adverse inference”. Even if the refusal to answer can’t be the basis to charge a person with a crime, the other party in the civil case may ask the court to make an “adverse inference” that the answer would have tended to establish the fact in question.

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