The 5th amendment applies to Civil and Criminal cases. The reason why there is any confusion here is your 5th amendment right goes away in situations of civil after the criminal trial. In OJ's case he couldn't claim the 5th because he had already beaten the criminal charge so there was no possibility of self incrimination because of double jeopardy laws.
Winston can claim the 5th all day long in this trial if there is any possibility anything he says could even possibly lead to indictment.
I still contend a civil trial breaks in JW's favor, Here are just a few reasons why:
1) Evidence is extremely contradictory to 'plaintiff's' multiple stories. She says forcibly raped. Rape exam says 'nope'. She says drugged. Lab results say 'nope'. She says 5'11" with a big hairdo. JW says "6'4", short haircut. She says "innocent victim". Digital media says "#cleatchaser". etc, etc, etc.
2) Does the defense still put her on the stand? If so, JW's attorney gets to cross examine her in front of the jury. Please see #1 for remainder.
3) Four different government agencies/proceedings, including a former Florida Supreme Court justice, found her evidence to not be compelling. No charges were filed.
4) It takes a lot less burden to find someone guilty of COC charges, etc and none of the agencies could find anything to support a violation.
5) Let JW take the 5th. He has every right to the 5th amendment in a civil trial. The show then boils down to her team's "evidence" and then JW's team picking each one apart with relative ease.
It is not just about not wanting to pay...it is not about just knowing he is innocent. It is about an overwhelming case that supports the decision for both issues. I seems to be as close to slam dunk. The only variable becomes....who are the jurors? This case will be won/lost in the selection of the jury process.
LT4PLY, where have I gone wrong? or does it sum it up pretty well?