Based on what? The fact that O'Reilly didn't deny anything is not good enough. Any good lawyer would tell him not to deny or confirm anything. That is just smart, and it does not suggest guilt at all.
More telling to me, is that the dude is doing his show tonight. Were he in real trouble, he would have been suspended.
There are parts later in the court papers that are in quotations & read like a transcript compared to the earlier pages that seem to be her recounting the incidents. Read the papers & decide for yourself.
Check out this page:
http://www.thesmokinggun.com/archive/1013043mackris16.html