[Valpal1]

What a maroon. Kyle Rittenhouse nearly got mistrial with prejudice because the prosecutor hinted that to the jury.

The Judge reamed him for it.

[TexasGurl24]

You are incorrect. Rittenhouse was on trial for committing a crime. It was a CRIMINAL case. Civil cases are not subject to the same rule.

"It is well established that in a criminal trial a judge or prosecutor may not suggest that the jury draw an adverse inference from a defendant's failure to testify."

However, in civil proceedings adverse inferences can be drawn from a party's invocation of this Fifth Amendment right.

The seminal case in this area is Baxter v. Palmigiano, 425 U.S. 308, (1976). Such adverse inference can be drawn when there is independent evidence of the fact to which the party refuses to answer.