Specifically, asserting your 5th amendment rights is not an admission of guilt in a criminal case. In a civil case, it may be taken as an admission of guilt -

Specifically, asserting your 5th amendment rights is not an admission of guilt in a criminal case. In a civil case, it may be taken as an admission of guilt - partially because the rules are different. There are different standards for guilt (preponderance of evidence vs beyond a reasonable doubt) for the two. In a civil case, you do not have a presumption of innocence - and asserting a 5th amendment right can intimate guilt. According to the Supreme Court, asserting your 5th amendment rights explicitly cannot be used by a prosecutor as evidence of an admission of guilt - specifically because you are presumed innocent until the prosecutor proves otherwise, and you are under no obligation to prove yourself innocent.