The University of Mary Washington had no reason to believe a student who was raped on campus in 2008 was in imminent danger, according to the state Attorney General's Office.
Nor did the university have a legal obligation to protect the student, who was a sophomore at the time of the crime, the office claims.
For those reasons, the Attorney General's Office has asked that a $10 million lawsuit against UMW be dismissed.
The suit filed on behalf of the rape victim accuses UMW of negligence and claims the attacker's actions were "reasonably foreseeable" by university officials.
A hearing is scheduled for March 28 in Fredericksburg Circuit Court.
In a written response to the lawsuit, the Attorney General's Office says the plaintiff's allegations "paint a picture of a young woman who endured a heinous assault."
"The person who committed the assault should be brought to justice," the response continues. "But the Commonwealth of Virginia cannot be held liable in this case because it did not violate a legal duty it owed to anyone.